Terms and Conditions

By using the Site, you agree to the terms and conditions of this Policy.  If you do not agree to the terms and conditions of this Policy, please do not use the Site.  We reserve the right to change this Policy without prior notice.  Any changes to our Policy will become effective upon our posting of the revised Policy on the Site.  Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.


The Site is controlled and operated by In The Street Vibe Pty Ltd trading as The Centre for Applied Political Psychology (CAPP); accordingly, this Policy, and our collection, use and disclosure of your Personally Identifiable Information, is governed by Australian law, and not by the laws of any country, territory or jurisdiction other than that of the Australia.  CAPP does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction.  Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  You are also subject to Australian export controls in connection with your use of the Site and/or Site-related services, and are responsible for any violations of such controls, including without limitation any Australian embargoes or other federal rules and regulations restricting exports.  We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.  By using the Site and submitting any Personally Identifiable Information, visitors from outside of the Australia acknowledge that the Site is subject to Australian law and consent to the transfer of Personally Identifiable Information to the Australia, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.


Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the Site.


1. What Types of Information Does The Site Collect From Me?


The site gathers two basic types of information through the Site: “Personally Identifiable Information” (or “PII“) and “Non-Personally Identifiable Information” (or “Non-PII“).  Personally Identifiable Information is information that identifies you as an individual; that is, your name, postal address, telephone number, e-mail address, credit card number or other payment account number.  Non-Personally Identifiable Information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.


a. Personally Identifiable Information. You do not have to provide PII to use the Site.  However, in order for you to take advantage of particular opportunities provided through the Site (for example, to sign up for a newsletter or to view certain areas of the Site), we may require that you furnish PII.  We collect PII from you through the Site only when you voluntarily provide it to us.


b. Non-Personally Identifiable Information. When you visit and interact with the Site, CAPP and third parties with whom Company has contracted to provide services to the site may collect Non-PII (for example, a catalog of the Site pages you visit).  Non-PII is generally collected through the Site from five different sources:  server log files, environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide. We utilise Google Analytics for usage statistic purposes.


i. Server Log Files. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).  This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited.  We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site’s servers, and administering the Site.  Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites.


ii. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version.  These environmental variables are collected by most browsers, and can be used to optimise your experience on the Site.


iii. Cookies. We and our service providers may use “cookies” on the Site.  Cookies are data that a web server transfers to an individual’s computer for record-keeping purposes.  Cookies are an industry standard used by most web sites, and can facilitate users’ ongoing access to and use of a particular web site; cookies do not cause damage to your computer systems or files.  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular web site, to your computer.


iv. Pixel Tags. We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags“) in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates.  A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives.  Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns.  When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.


v. Information That You Voluntarily Provide. The Site also collects Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us.  When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user.  Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who like a particular artist.  Such aggregate information is considered Non-PII for purposes of this Policy.


2. How Does Company Use Information Collected From Me?


a. Personally Identifiable Information. We may use PII about you in the following ways:


i. Fulfillment of Requests. We may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you or fulfill your purchase).


ii. Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, or changes to our terms, conditions, and policies.  Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.


iii. Other Communications. If you affirmatively opt-in to receive marketing messages from CAPP, we may use PII about you to inform you of any products, programs, services and promotions that we believe may be of interest to you.  If you would prefer not to receive marketing-related e-mail messages, please refer to Section 3.f (“Opt-Out”) below.



iv. Purchases. Purchasing functionality is offered on the Site, so we use third-party payment services (each, a “Payment Service”) to collect payments for purchases made through the Site.  If you wish to make a purchase through the Site, you will be directed to a web site or other online service that is hosted by a Payment Service (each, a “Payment Service Page”) and not by us.  Any PII that you provide through a Payment Service Page will be collected by the applicable Payment Service and not by us, and will be subject to such Payment Service’s privacy policy, rather than this Policy.  We have no control over, and shall not be responsible for, any Payment Service’s use of information collected through any Payment Service Page.  PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE COLLECTION AND USE OF INFORMATION THROUGH ANY PAYMENT SERVICE PAGE OR THE PRIVACY OR INFORMATION PRACTICES OF ANY PAYMENT SERVICE.


Notwithstanding the foregoing, if you seek to make a purchase through the Site, we may collect your billing address and other information related to such purchase (collectively, “Payment Information”) from you, and may use such Payment Information in order to fulfill your purchase.  If applicable, we may also provide such Payment Information, or other PII provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number).  To the extent that Payment Information includes Non-PII, use of such Non-PII is governed by Section 2.b below.


v. E-mails to Friends. We may provide functionality to permit you to send messages regarding Site-related content (such as music clips or artist information) to a friend through the Site.  If you wish to use this feature, you may provide us with your friend’s e-mail address so that we can facilitate your sending of such message to your friend.  To do so, any PII you provide in connection with sending your friend such message, such as your name and your e-mail address, will, of course, be disclosed to your friend.


vi. Promotions; Surveys. From time to time, we may operate sweepstakes, contests and other promotions (collectively, “Promotions“) through the Site.  In addition, we may conduct surveys or polls through the Site or ask for your responses to questionnaires that we make available through the Site (such surveys, polls and questionnaires, collectively, “Surveys”).  We typically ask you for certain PII when you enter and, if applicable, win a Promotion, and when you participate in a Survey.  We reserve the right to share PII that we collect in connection with Promotions and Surveys with third-party sponsors or facilitators of such Promotions and Surveys (irrespective of whether such Promotions and Surveys are hosted by us), or otherwise in accordance with the rules applicable to a Promotion or Survey.  You should carefully review the rules, if any, of each Promotion and Survey in which you participate through the Site, as they may contain additional important information about CAPP’s, a sponsor’s or other third parties’ use of PII about you.  To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.


vii. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.


viii. Third Party Service Providers. We work with third parties (and, in some cases, our Affiliated Entities), who provide services including but not limited to data analysis and collection, hosting, order fulfillment and other services of an administrative nature.  We reserve the right to share PII about you with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to buy wireless products or services from us, we may share PII about you with your wireless carrier and our third party service providers so that such products and/or services can be delivered to you and/or your mobile device).


ix. Assignment. We reserve the right to transfer any and all information that we collect from Site users to an Affiliated Entity or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of CAPP’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).


xii. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process (c) to respond to governmental requests; (d) to enforce our Terms and Conditions; (e) to protect our operations or those of any Affiliated Entities (f) to protect the rights, privacy, safety or property of Company, the Affiliated Entities, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.


b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose.  In addition, we reserve the right to share such Non‑PII, which does not personally identify you, with Affiliated Entities and other third parties, for any purpose.


In some instances, we may combine Non-PII with PII (such as combining your name with your geographic location).  If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined (see Section 2.a above).


3. Other Important Notices Regarding Our Privacy Practices.


a. Profiles. We may provide functionality on the Site that allows you to create a “profile page” (your “Profile”) and post certain information and materials on your Profile.  Please note that your Profile, including all PII available in your Profile, may be accessible to other users.  We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, in your Profile.  WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII THAT YOU DISCLOSE IN YOUR PROFILE.


b. Information Posted on the Site. CAPP may make available through the Site services (for example, message boards, chat functionality and blogs, among other services) to which you are able to post information and materials (including photographs, videos and other content).  Please note that any information or materials that you disclose through such services or otherwise on the Site becomes public information, and may be available to Site visitors and to the general public; moreover, such information and materials, once so disclosed to the general public, may be redistributed through the Internet and other media channels, where it will reach an even broader audience.  In addition, when you choose to make a posting on such services, certain PII (for example, a link to your Profile that contains PII), may be available for other users to view.  We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, on the Site.  WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY PII THAT YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.


c. Third Party Sites. The Site may contain links to third party web sites.  These linked sites (including without limitation the web sites of Affiliated Entities) are not under CAPP control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site.  We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of, or our affiliation with any provider of, the linked site by CAPP or any Affiliated Entities.  If you provide any PII through any such third party web site, your transaction will occur on such third party’s web site (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party.  We recommend that you familiarize yourself with the privacy policies and practices of any such third parties.  PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATED ENTITIES.


d. Security. We use reasonable organizational, technical and administrative measures to protect PII under our control.  Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under our control.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us.  We also seek to strike a balance between the security of your data and your convenience.  We do this because we believe that our customers attach value to both.  As a result, we will often use a method of communication that is less secure than other, less convenient alternatives.  For example, certain data you send us, including PII, may be sent to us in unencrypted form.  You acknowledge and agree that any information you transmit through the Site is so transmitted at your own risk.  If you are concerned that PII about you may be transmitted over the Internet in unencrypted form, please do not provide us with any PII. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 3.g (“Contacting Us,”) below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).


e. Opt-Out. If you would prefer not to receive marketing-related e-mail messages from CAPP or any particular Affiliated Entity, you may opt-out of receiving such messages by following the “unsubscribe” instructions in the latest such message you have received from CAPP or such Affiliated Entity, respectively.  Please note that following such “unsubscribe” instructions will opt you out of receiving marketing-relatede-mail messages from the sender of the particular message from which you initiated the opt-out process, but will not opt you out of receiving such messages from other senders (including, as applicable, CAPP or other Affiliated Entities).


Additionally, if you would like to opt-out of receiving marketing-related e-mail messages from CAPP or other third parties with whom we have shared PII about you hereunder, please utilize any opt-out mechanisms set forth in such third parties’ or CAPP marketing-related e-mail messages and/or privacy policies, if any.


f. Contacting Us. If you have any questions regarding this Policy, please contact us by e-mail.

Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.