Terms Of Use

These Terms of Use (“Terms”) govern your use of Fret Dojo’s website and other products and services (“Services”).  As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy and Cookies Policy).

Using Fret Dojo

Who May Use our Services

You may use our Services only if you can form a binding contract with Fret Dojo and only in compliance with these Terms and all applicable laws. When you create your Fret Dojo account and subsequently when you use certain features, you must provide us with accurate and complete information and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of thirteen (13) is prohibited and certain courses we offer may have additional requirements and/or restrictions.

Our License to You

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Fret Dojo’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information (Username and Password, etc.) for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Our Courses

Course Modifications

While we take pride in our products and courses, unexpected events do occur. Fret Dojo reserves the right to cancel, interrupt, or reschedule any course or to modify any course content. Courses offered by us are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Unless otherwise explicitly indicated, participation in or completion of our courses does not confer any academic credit. Fret Dojo and its course instructors have no obligation to have a course recognized by any educational institution or accreditation organization.

Disclaimer of Student-University Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which Fret Dojo may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.

User Content

The Services enable you to share your content, such as videos and documentation you submit, posts you make in our forums and the like (“User Content”), with Fret Dojo, instructors and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.

How Fret Dojo and Others May Use User Content

To the extent that you submit, post and provide User Content, you grant Fret Dojo a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use your User Content. This license includes granting Fret Dojo the right to authorize others to use your User Content with their registered students and students independent of the Services. Nothing in these Terms shall restrict other legal rights Fret Dojo may have to your User Content; for example under other licenses. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe violates these Terms.

Feedback

Fret Dojo welcomes your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Fret Dojo does not waive any rights to use similar or related Feedback previously known to Fret Dojo, developed by Fret Dojo or obtained from other sources.

Security

Fret Dojo cares about the security of our users. While we work to protect the security of your account and related information, Fret Dojo cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing support@fretdojo.com.

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Fret Dojo cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Fret Dojo disclaims any responsibility or liability related to your access or use of such third party content.

Copyright and Trademark Policy

Fret Dojo respects the intellectual property rights of our users and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Fret Dojo Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.

Paid Services

Fret Dojo offers paid Services for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors and Fret Dojo reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Fret Dojo may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. Fret Dojo, its instructors, its contributors, its sponsors, its business partners and each of their employees, contractors, and other agents (the “Fret Dojo Parties”) shall not have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE FRET DOJO PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE FRET DOJO PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FRET DOJO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE FRET DOJO PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL FRET DOJO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY FRET DOJO FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST MONTH, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE FRET DOJO PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO FRET DOJO’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the Fret Dojo Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) your User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by Fret Dojo which is located in Australia. You agree that any dispute related to these Terms will be governed by the laws of the Country of Australia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving New South Wales, Australia as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Services either you or Fret Dojo may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Fret Dojo. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Revisions to the Terms

Fret Dojo reserves the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability and Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Referenced Policies

• Acceptable Use Policy
• Copyright and Trademark Infringement Policy
• Refund Policy
• Honor Code
• Privacy Policy
• Cookies Policy

Effective as of 25 May  2018, (last revised 13 November 2018)

 

Acceptable Use Policy

Fret Dojo’s mission is to provide universal access to the world’s best jazz guitar education. We believe strongly in preserving free speech and expression for our students as well as academic freedom for our business partners and instructors. We also want to make sure that all of our students and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and while otherwise using our Services.

Although we do not routinely screen or monitor content provided by our users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.

You are prohibited from using our Services to share content that:

• Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that there are students who are as young as thirteen (13) that use Fret Dojo. We do not allow content that is inappropriate for these younger students.
• Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
• Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
• Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
• Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
• Otherwise violates the Fret Dojo Terms of Use. Please note that specific courses may have additional rules and requirements.

You also aren’t allowed to:

• Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
• Share your password, let anyone access your account, or do anything that might put your account at risk.
• Attempt to access any other user’s account.
• Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
• Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
• Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
• Try to reverse engineer any portion of our Services.
• Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
• Use our Services to distribute malware.
• Impersonate or misrepresent your affiliation with any person or entity.
• Encourage or help anyone do any of the things on this list.

Effective as of 25 May  2018, (last revised 13 November 2018)

 

Copyright and Trademark Policy

Fret Dojo respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.

The notice must include the following information:

1. 1. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);

1. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Fret Dojo to locate the material on the Services;
2. The name, address, telephone number, and email address (if available) of the complaining party;
3. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
4. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:

1. Via mail: Copyright Agent, Fret Dojo GPO Box 1171, Sydney, NSW 2001 Australia
2. Via email:  copyright@fretdojo.com

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

Fret Dojo also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Fret Dojo at its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at support@fretdojo.com. We will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Effective as of 25 May  2018, (last revised 13 November 2018)

 

Refund Policy

For details on our refund deadlines and policies, please refer to the information below. Please note that our policies differ for products that have month-to month subscription payments (Fret Dojo Academy Membership) and one-time courses (Fundamentals of Jazz Improvisation, etc.) or products such as eBooks and that our payment options may differ from one Service to another. Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to students who are found to be in violation of these terms, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer refunds to users who do not become better jazz guitar players or who are otherwise unsatisfied with their jazz guitar playing after taking a course or purchasing any of our Services or products.

For Subscriptions

Fret Dojo only offers refunds for initial full payments made on a subscription plan, and not on subscription rebills. Your subscription will continue on a month-to-month or annual basis (depending on the billing cycle chosen) unless and until you cancel your subscription or the subscription is suspended or discontinued by Fret Dojo. If you cancel your subscription, you will not be billed for the next billing cycle.

To be clear, you must cancel your subscription before your rebill renewal date to avoid the next billing.

If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

For Course and Product Purchases

If you cancel your paid enrollment or paid pre-enrollment for a course, Fret Dojo will offer you a complete refund until thirty (30) days after you make payment. Except as described in this paragraph or as may explicitly be stated as part of the sign-up process for a course.

Fret Dojo has no further obligation to provide refunds to you for courses or products offered by Fret Dojo that you purchase.

Effective as of 25 May 2018, (last revised 3 June 2019)

 

Honor Code

All students participating in Fret Dojo courses and all members of the Fret Dojo Academy must agree to abide by the following code of conduct:

1. I will register for only one account.
2. My submissions will be my own work (except for assignments that explicitly permit collaboration).
3. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

Effective as of 25 May  2018, (last revised 13 November 2018)

 

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Privacy Policy

Purpose

The purpose of this Privacy Policy is to describe how Fret Dojo (“Fret Dojo”, “us”, “we”, or “our”) collects, uses and shares information about you through our online interface (www.fretdojo.com) owned and controlled by us (referred to herein as the “website”).  Please read this Privacy Policy carefully to understand what we do. If you do not understand any aspect of our Privacy Policy, please feel free to contact us at support@fretdojo.com.  Your use of our website (www.fretdojo.com) is also governed by our Terms of Use.

Fret Dojo operates out of and is located in New South Wales, Australia.   If you reside or are located in the European Economic Area (“EEA”), Fret Dojo is the data controller of all Personally Identifiable Information (as defined below) collected via the website and of certain Personally Identifiable Information collected from third parties, as set out in this Privacy Policy.

What Information this Privacy Policy Covers

This Privacy Policy covers information we collect from you through our website. Some of our website’s functionality can be used without revealing any Personally Identifiable Information, though for features or services related to our courses, Personally Identifiable Information is required.  In order to access certain features and benefits on our website, you may need to submit or we may collect Personally Identifiable Information (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name and email address, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to Fret Dojo. Inaccurate information may affect your ability to use our website, the information you receive when using our website, and our ability to contact you. For example, your email address should be kept current because that is one of the primary means by which we communicate with you.

What You Consent to by Using Our Website

Please understand that by submitting any Personally Identifiable Information to us, you consent and agree that we may collect, use and disclose such Personally Identifiable Information in accordance with this Privacy Policy and our Terms of Use, and as permitted or required by law. If you do not agree with these terms, then please do not provide any Personally Identifiable Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we may not be able to provide you with the services that can be offered on our website.  Consent can be withdrawn at any time per the discussion contained at “Updating or Deleting Your Personally Identifiable Information” found below.   Please note that we may also rely on legitimate interests or fulfilment of a contract to continue processing your data.

What Information We Collect

We gather two types of information about users through our website:

Information Relating to Your Use of our Website.

When users come to our website, we may track, collect and aggregate information indicating, among other things, which pages of our website were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs from which you linked to our website. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the website. We may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.

We may also use cookies and web beacons when you visit our website. For more information on our use of cookies and web beacons, please refer to our Cookie Policy.

Personally Identifiable Information provided directly by you or via third parties. We collect Personally Identifiable Information that you provide to us when you register for an account, update or change information for your account, purchase products or services, complete a survey, sign-up for email updates or online courses, participate in our public forums, send us email messages, and/or participate in online courses or other services on our website.

We may use the Personally Identifiable Information that you provide to respond to your questions, provide you with the specific course and/or services you select, send you updates about special offers, Fret Dojo products and services, online courses offered by Fret Dojo or other Fret Dojo events, products or services offered by affiliates and business partners of Fret Dojo, and send you email messages about website maintenance or updates. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

We may use your Personally Identifiable Information to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business.

Account Registration. If you register for an account on our website, you may be required to provide us with Personally Identifiable Information such as your name and email address.

Updates. Fret Dojo may offer you the ability to receive updates either via email or by postings on portions of our website that are only accessible to registered users. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.

Forums. Fret Dojo may offer public forums from time to time (the “Forums”) where you can share comments and thoughts. In order to participate in the Forums, you may be required to register with us and/or provide us and other third party providers with Personally Identifiable Information such as your name and email address.  Keep in mind that information you post or make available in Forums will be publicly available. You should not post any information of a personal or sensitive nature, whether relating to you or another person, on a forum.  Please also reference our Terms of Use for our Rules for Online Conduct and additional information about proper use of our Forums.

Participation in Online Courses and Membership Programs.  Fret Dojo offers users the opportunity to participate in online courses and membership programs on or through our website. If you desire to participate in a course or membership program, you will be asked to provide us with certain information necessary for you to participate in the course or membership program. This information may include, among other things, your name and email address.

If you participate in an online course or membership program, we may collect from you certain student-generated content, such as assignments you submit and student feedback. We may also collect course data, such as student responses to questionnaires and surveys.  You should not include any Personally Identifiable Information or other information of a personal or sensitive nature, whether relating to you or another person, on assignments you submit and in responses to questionnaires and surveys, except for information required to participate or submit such assignments and responses.

Identity Verification.  Fret Dojo may offer you the ability to verify your identity for selected courses.  In order to enroll for these services, you may be required to provide us or our third-party identity verification vendor with Personally Identifiable Information such as your name, address, date of birth, a headshot taken using a webcam, and a photo identification document.

Communications with Fret Dojo. Fret Dojo may receive Personally Identifiable Information when you send us an email message or otherwise contact us.

Third Party websites.  Fret Dojo may receive Personally Identifiable Information when you access or log-in to a third party website, e.g., Zoom. This may include the text and/or images of your Personally Identifiable Information available from the third party website.

Surveys. Fret Dojo may receive Personally Identifiable Information when you provide information in response to a survey operated by us.

Partner websites. Partner websites providing online course and membership program related tools and services to Fret Dojo users may collect nonfinancial individual level user data regarding the individual’s use of that partner website while engaged with such online course and membership program related activities, and the partner websites may share that data with Fret Dojo for the purpose of improving Fret Dojo’s services, the partner website’s services, and the individual student’s educational experience. This data includes information such as the amount of time spent on the partner website and pages viewed.

Third Party Credit Card Processing. Fret Dojo provides you with the ability to pay for online courses, membership programs and other services using a credit card through a third party payment processing service provider. Please note that our service provider – not Fret Dojo – collects and processes your credit card information.

How We Use the Information

Information Relating to Your Use of Our Website.  We use information relating to your use of our website to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our website. We may also use it for other business purposes, including ensuring the security of our services and our website.

Personally Identifiable Information Provided Directly by You or Via Third Parties.  Except as set forth in this Privacy Policy or as specifically agreed to by you, Fret Dojo will not disclose any of your Personally Identifiable Information. In addition to the other uses set forth in this Privacy Policy, we may disclose and otherwise use Personally Identifiable Information as described below.

Providing the Website and Our Services. We use Personally Identifiable Information which you provide to us in order to allow you to access and use the website and in order to provide any information, products or services that you request from us.

Updates.  We use Personally Identifiable Information collected when you sign-up for our various email or update services and our online courses and membership programs to send you messages in connection with our website and our online courses and membership programs We may also archive this information and/or use it for future communications with you, where we are legally entitled to do so.

Forums. You should not post any Personally Identifiable Information or other information of a personal or sensitive nature, whether relating to you or another person, within a forum post.  If you choose to post Personally Identifiable Information, such Personally Identifiable Information may be collected during your use of our forums. We may publish this information via extensions of our Platform that use third-party services, like mobile applications. We also reserve the right to reuse forum posts containing Personally Identifiable Information in future versions of our courses that we offer, and to enhance future course offerings. We may archive this information and/or use it for future communications with you and/or provide it to the instructor(s) associated with the courses you have taken and the membership programs you join. We may also use or publish posts submitted on the forums without using Personally Identification Information.

Participation in Online Courses. We use the Personally Identifiable Information that we collect from you when you participate in an online course or membership program through the website for processing purposes, including but not limited to tracking attendance, progress, and completion of an online course. We may also share your Personally Identifiable Information and your performance in a given online course or membership program with the course and membership program instructor or instructors who taught the course, with teaching assistants or other individuals designated by the instructor or instructors to assist them with the creation, modification or operation of the course or membership program. We may also archive this information and/or use it for future communications with you, where we are legally entitled to do so.

Identity Verification. For services that require identity verification, we use the Personally Identifiable Information that we collect for verifying your identity, and for authenticating that submissions made on the website were made by you. This service may be provided through a third-party identity verification vendor. If you have provided a photo identification document, your photo identification document will be deleted after successful verification of your profile information.

Communications with Fret Dojo. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you where we are legally entitled to do so.

Communications with Fret Dojo Business Partners. We may share your Personally Identifiable Information with business partners of Fret Dojo so that Fret Dojo’s business partners may share information about their products and services that we believe may be of interest to you, where we are legally entitled to do so.

Research. We may share general course data (including submissions and forum discussions), information about your activity on our website, and demographic data from surveys operated by us with our business partners so that our business partners may use the data for research related to online education.

Disclosure to Fret Dojo Operations and Maintenance Contractors. We use various service providers, vendors and contractors (collectively, “Contractors”) to assist us in providing our products and services to you. Our Contractors may have limited access to your Personally Identifiable Information in the course of providing their products or services to us, so that we in turn can provide our products and services to you. These Contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of our website and/or online course and membership program access. Personally Identifiable Information made available to these Contractors is limited to the information reasonably necessary for them to perform their limited function for us.

Government Authorities, Legal Rights and Actions. We may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personally Identifiable Information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Fret Dojo, the website, our users, customers, or others; and in connection with our Terms of Use and other agreements.

Disclosure to Acquirers. Fret Dojo may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of Fret Dojo to which your Personally Identifiable Information relates.

e-Readers. If we receive any Personally Identifiable Information related to your use of designated e-Readers to access Fret Dojo materials, we may archive it, and use it for research, business, or other purposes.

External Links

For your convenience we may provide links on our website and in communications to you to websites operated by organizations other than Fret Dojo (“Third Party websites”) that we believe may be of interest to you. We do not disclose your Personally Identifiable Information to these Third Party websites without obtaining your consent. We do not endorse and are not responsible for the privacy practices of these Third Party websites. If you choose to click on a link to one of these Third Party websites as it may be provided to you by us, you should review the privacy policy posted on the Third Party website to understand how that Third Party website collects and uses your Personally Identifiable Information.

Retention of Personally Identifiable Information

If you reside or are located in the EEA, we keep your Personally Identifiable Information for no longer than necessary for the purposes for which the Personally Identifiable Information is processed. The length of time we retain Personally Identifiable Information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.

Confidentiality & Security of Personally Identifiable Information

We consider the confidentiality and security of your information to be of the utmost importance. We will use industry standard physical, technical and administrative security measures to keep your Personally Identifiable Information confidential and secure and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless  such disclosure is necessary in special cases, such as a physical threat to you or others, as permitted by applicable law. Because the Internet is not a 100% secure environment we cannot guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our website are typically not encrypted and should not be considered secure.

Updating or Deleting Your Personally Identifiable Information

You have certain rights in relation to your Personally Identifiable Information.  You can access your Personally Identifiable Information and confirm that it remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners by logging into the website and visiting your user account page.  If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via privacy@fretdojo.com.

If you reside or are located in the EEA, you may contact us at privacy@fretdojo.com and request that we:

• Provide access to any Personally Identifiable Information we hold about you;
• Prevent the processing of your Personally Identifiable Information for direct-marketing purposes;
• Update any Personally Identifiable Information which is out of date or incorrect;
• Delete any Personally Identifiable Information which we are holding about you;
• Restrict the way that we process your Personally Identifiable Information;
• Provide your Personally Identifiable Information to a third party provider of services; or
• Provide you with a copy of any Personally Identifiable Information which we hold about you.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to answer every email promptly where possible, and provide our response within the time period stated by applicable law.  Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.  Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information.  Please also note that certain Personally Identifiable Information may be exempt from such requests in certain circumstances, which may include if we need to keep processing your Personally Identifiable Information to comply with a legal obligation.

Questions, Suggestions and Complaints

If you have any privacy-related questions, suggestions, unresolved problems, or complaints you may contact us via privacy@fretdojo.com.

If you reside or are located in the EEA, our Data Protection Officer and Privacy Team may assist with all queries regarding our processing of Personally Identifiable Information at security@fretdojo.com.

If you reside or are located in the EEA, you may also make a complaint to our supervisory body for data protection matters or seek a remedy through local courts if you believe that your rights have been breached.

California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding 2017 sharing activities).

To obtain this information, please send an email message to privacy@fretdojo.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your e-mail address in response.  Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

International Privacy Practices

Fret Dojo’s websites are primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your Personally Identifiable Information (also commonly referred to as personal data) outside of the country where you reside or are located.  Accordingly, if you reside or are located outside of the United States, your Personally Identifiable Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personally Identifiable Information. We are committed to protecting the privacy and confidentiality of Personally Identifiable Information when it is transferred. If you reside or are located within the EEA and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EEA to the extent feasible under applicable law. We participate in and commit to adhering to the EU-U.S. Privacy Shield Framework when transferring data from the EEA to the United States. Please see our Privacy Shield Policy for further information.

Changing Our Privacy Policy

Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our website. We will notify you of any material change to this Privacy Policy by posting a notice on our website’s homepage for a reasonable period of time following such update, and by changing the effective date (located at the bottom of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

No Information from Children Under 13

Fret Dojo strongly believes in protecting the privacy of children. In line with this belief, we do not knowingly collect or maintain Personally Identifiable Information on our website from persons under years of age, and no part of our website is directed to persons under thirteen (13) years of age. If you are under thirteen (13) years of age, then please do not use or access our website at any time or in any manner. We will take appropriate steps to delete any Personally Identifiable Information of persons less than thirteen (13) years of age that has been collected on our website without verified parental consent upon learning of the existence of such Personally Identifiable Information.

 

Effective as of 25 May  2018, (last revised 13 November 2018)

 

Privacy Shield Policy

Introduction.

Fret Dojo (referred to as “we,” “us,” or “our”), believes in protecting your privacy.

We participate in and commit to adhering to the EU-U.S. Privacy Shield Framework which includes the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity, access and enforcement (the “Principles”) for all transfers of personal data from EEA to the U.S. To learn more about Privacy Shield, please visit the U.S. Department of Commerce Privacy Shield website:  https://www.privacyshield.gov/.

When we use the term “Personal Information” in this Privacy Shield Policy, we are referring to any information that:  (i) is recorded in any form; (ii) is about an identified or identifiable individual; and (iii) is received by us from the EEA.

When we use the term “Sensitive Personal Information” in this Privacy Shield Policy, we are referring to a particular subset of an individual’s Personal Information that provides details of his or her race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, or trade union membership or that concerns his or her health.

The purpose of this Privacy Shield Policy is to outline our general practices for implementing the Principles with respect to the Personal Information we collect. If you would like to obtain additional information regarding our privacy practices in connection with information collected on this website in general, please refer to our online Privacy Policy.

Principles.

1. Notice. We will provide you with timely and appropriate notice in our Terms of Use and Privacy Policy, describing what Personal Information we are collecting, how we will use that information, and the types of third parties with whom we may share such information (and the reasons we do so). Please review these documents carefully. Where we process personal data on behalf of our business partners, we will work with them to help them provide appropriate notice to you.
2. Choice. We will offer you the opportunity to opt-out of your Personal Information (or to provide explicit consent for Sensitive Personal Information) being: (i) disclosed to a third party (other than a service provider as set forth below); or (ii) used for a purpose materially different from the purpose for which it was originally collected (as set out in our Privacy Policy), or subsequently authorized by you, when the circumstances arise. You also have the ability to opt out at any time from the use of your personal information for direct marketing purposes. To exercise this right, please check your settings options. If you have further questions related to the above, you can also contact us at privacyshield@fretdojo.com.

Where we process personal data on behalf of our business partners, we will work with them to ensure you are offered appropriate choices (and means to exercise those choices) for limiting use or disclosure of your personal data (where appropriate).

Notwithstanding the foregoing, you agree that we may disclose Personal Information under the following circumstances without offering you an opportunity to opt out of such disclosure: (i) to our partner institutions and other service providers that we have retained to perform requested services on our behalf; (ii) if we are required to do so by law or legal process; (iii) pursuant to valid requests by law enforcement or other government authorities (which we are legally required to respond to); and (iv) when we believe disclosure is necessary to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. In addition, we reserve the right to transfer Personal Information in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use the Personal Information in a manner consistent with this Privacy Shield Policy.

3. Onward Transfers (Transfer to Third Parties). We will only transfer Personal Information to third parties where the third party: (i) has provided satisfactory assurances to us that it will protect the Personal Information in accordance with this Privacy Shield Policy and the Principles; (ii) is located in the EU or a country considered “adequate” for privacy by the EU Commission, and therefore is required to comply with the EU data protection laws or substantially equivalent privacy laws; or (iii) has certified to Privacy Shield, and is independently responsible for complying with the Principles.

Where we have knowledge that a third party to whom we have provided Personal Information is processing that Personal Information in a manner contrary to this Privacy Shield Policy or the Principles, we will take reasonable steps to prevent or terminate processing by the third party until such time the third party can process Personal Information in compliance with this Privacy Shield Policy and the Principles. Under certain circumstances, we may be potentially liable if these requirements are not met.

4. Data Security. We will take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure Personal Information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
5. Data Integrity and Purpose Limitation. We will process Personal Information in a manner that is compatible with and relevant to the purpose for which it was collected or authorized by you. To the extent necessary for those purposes, we will take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use.
6. Access. Upon request, we will provide you with reasonable access to the Personal Information about you that we hold. We will also take reasonable steps to correct, update, amend or delete any information that is demonstrated to be inaccurate, except where the burden or expense of doing so would be disproportionate to the risks to your privacy in the case in question or where the rights of third parties would be violated. Where we process personal data on behalf of our business partners, we will work with them in complying with such requests in accordance with applicable law.
7. Recourse; Enforcement. We will regularly review our compliance with the statements set forth in this Privacy Shield Policy, and we will provide an independent way to resolve complaints about our privacy practices. We encourage interested persons to first contact us (contact information provided below) and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the Principles. If your inquiry is not satisfactorily addressed by us, it can in most instances be resolved through the Privacy Shield binding arbitration process. Please see the Privacy Shield website for further information: https://www.privacyshield.gov/article?id=C-Pre-Arbitration-Requirements

Modifications.

We may amend this Privacy Shield Policy from time-to-time in accordance with the requirements of the EU-U.S. Privacy Shield Framework. The most recent version of the Privacy Shield Policy will always be posted to this website. Anytime that we do make such changes, we will also update the effective date listed at the bottom of the Privacy Shield Policy. Please be sure to review the most recent version of the Privacy Shield Policy each time that you visit this website so that you are aware of how we collect, use and retain personal information.

Contact Us.

Please contact us with any questions or comments about this Privacy Shield Policy, transfer of your personal information from the EEA to the U.S., our privacy practices, or your consent choices by email at privacyshield@fretdojo.com.

Effective as of 25 May  2018, (last revised 13 November 2018)

 

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