Terms and Privacy

PRIVACY POLICY

By accessing and using this Fender Property, you agree to the terms of our Privacy Policy, which are incorporated into these Terms of Use by this reference.

TERMS OF USE

Fender Musical Instruments Corporation and all of its affiliates and subsidiaries (“Fender” or “us” or “we” or “Company”) maintain this website, mobile and desktop application, or other properties and/or our related services (collectively known as the “Fender Properties”, or, each individually, a “Fender Property”) for your personal information, education and communication. Your access to and use of this Fender Property is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this Fender Property, so that you fully understand your rights and responsibilities. By accessing or using this Fender Property, you agree to these Terms of Use. Please print a copy of these Terms of Use for your reference.

If you do not agree to the following Terms of Use, do not access or use this Fender Property, and instead contact Company in writing for further information.

Company may modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this Fender Property. Material changes will be posted conspicuously on this Fender Property. By accessing this Fender Property following posting of changes to the Terms of Use, you agree to all such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Intellectual Property Rights
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this Fender Property are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of this Fender Property also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this Fender Property. This Fender Property may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

FENDER®, STRATOCASTER®, STRAT®, TELECASTER®, TELE®, P BASS®, PRECISION BASS®, ACOUSTASONIC®, SQUIER ®, JAZZ BASS®, J BASS®, JAG-STANG®, JAGUAR®, JAZZMASTER®, MUSTANG®, NOCASTER®, PASSPORT®, PRINCETON®, RELIC®, ROAD WORN®, SFX®, SHOWMAN®, SHOWMASTER®, STARCASTER®, SUNN®, SUPER BULLETS®, SUPER REVERB®, THE SPIRIT OF ROCK-N-ROLL®, TONE MASTER®, TWIN REVERB®, VIBRO CHAMP®, VIBRO-KING®, VIBROLUX®, Stylized F (in Thick & Thin Script), FENDER (standard and in Stylized Thick & Thin Script), and the distinctive headstock shapes commonly found on the Stratocaster, Telecaster and other Fender guitars are trademarks of Fender, registered in one or several classes of goods and services with the United States Patent and Trademark Office. Some of the aforementioned trademarks are also registered in one or several categories of goods in certain other countries.

This is not a comprehensive list of all trademarks of Fender and specifically does not include any common law trademarks of Fender.

All other names and marks mentioned in this Fender Property may be the trade names, trademarks or service marks of their respective owners. Use of them does not imply any affiliation with or endorsement by or of them.

NOTICE REGARDING USE OF HISTORIC PATENT NUMBERS/MARKINGS: Fender is proud to offer some of the most iconic musical instruments and amplifiers of the past 60 years. Some Fender products are intentional recreations or reissues of vintage guitars and amplifiers, and may therefore incorporate markings or text associated with original patents that have since expired. Specific examples of such models include patent numbers on the tremolo plates and decals of the JAGUAR® and JAZZMASTER® guitars, “Pat Pending” on some vintage TELECASTER® guitar bridge plates, and “Design and Circuits Patented” language on the control panels of certain model amplifiers in Fender Vintage Modified, Vintage Reissue and Custom lines. Such markings are included only for the sake of historical accuracy, and are not intended to denote or imply live patents or ongoing patent protection.

Unsolicited Ideas Submission Policy
Fender Musical Instruments Corporation (“FMIC”) does not accept, review or consider any unsolicited ideas, know-how, concepts, techniques, materials, proposals, works or content relating to advertising campaigns, promotions, marketing plans, new products, product enhancements, product technologies, product names, new technologies, processes, content or creative materials (all of the foregoing “Submissions”).

Please do not send or provide any Submissions in any form to FMIC or any of its employees or contractors.

The purpose of this policy is to avoid potential misunderstandings or disputes regarding intellectual property ownership. If you send or provide any Submissions despite our policy and request that you not, then regardless of what your correspondence says, the following terms will apply to your submissions:

Your submissions and their contents, along with related intellectual property rights, will become the property of FMIC, without any compensation to you;
FMIC may, but is not required to, use and/or redistribute the submissions and their contents for any purpose on an unrestricted basis; and
FMIC is not obligated to keep the submissions and/or their contents confidential.
FMIC does, however, welcome feedback that comes in a form that does not violate this Policy. If you want to send us feedback, please provide such feedback to legal@fender.com. Any feedback you provide at this site will be deemed to be non-confidential and not proprietary. FMIC will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

Use of this Fender Property
You may view, copy, print and use content contained on this Fender Property (including recorded material) solely for your own personal use and provided that: (1) the content available from this Fender Property is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Fender Property is modified or framed in any way; (3) no graphics available from this Fender Property are used, copied or distributed separate from accompanying text; and (4) you do not delete or modify any copyright, trademark, or other proprietary notices. The use of any such content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Fender or any third party, except as expressly provided herein. This Fender Property may be accessed by users internationally and may contain references or cross references to Fender products, programs and services that are not available in your country. Such references do not imply that Fender intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Fender reserve the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations to any party. Access to this Fender Property may be monitored from time to time. The requesting URLs, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Fender Property constitutes consent to such monitoring. This Fender Property may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Fender cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

SMS Messaging Terms
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages, including cart abandon notifications, from Fender, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Fender reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Fender also reserves the right to change the short code or phone number from which messages are sent. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time,content of your text messages, and/or your email address. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Fender, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

Cancellation

Text the keyword STOP to the SMS number used by Fender to cancel. After texting STOP to the SMS number used by Fender, you may receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Fender and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Fender through any other programs you have joined until you separately unsubscribe from those programs.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify Fender by emailing textsupport@wunderkind.co.

Problems?

If you are experiencing any problems, please reply "HELP" to any text message you receive from us or email textsupport@wunderkind.co with details about your problem or your request for support.

Changes to Messaging Terms

Fender reserves the right to terminate or revise our messaging program at any time. Fender also reserves the right to modify, or amend these SMS Messaging Terms at any time and any such modification or amendment shall take effect when it is posted to Fender's website. You agree to review these SMS Messaging Terms periodically to ensure that you are aware of any changes. Your continued enrollment following such changes shall constitute your acceptance of such changes.

Third-Party Websites
This Fender Property may link to, or be linked to, other websites not maintained by or related to Fender. All links are provided only as a service to our visitors. Fender is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Fender Property. Fender has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites. You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website. You should review the terms of use of any website to which you navigate.

THIS FENDER PROPERTY MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEBSITES OF FENDER DEALERS OR DISTRIBUTORS WHO ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF FENDER. FENDER DOES NOT HAVE RESPONSIBILITY FOR THE CONTENTS, AVAILABLITY, OPERATION OR PERFORMANCE OF WEBSITES OF FENDER DEALERS OR DISTRIBUTORS, OR ANY OTHER SITES, TO WHICH THIS FENDER PROPERTY MAY BE LINKED OR FROM WHICH THIS FENDER PROPERTY MAY BE ACCESSED.

Reference to any product, recording, event, process, publication, service, or offering of any third party by artist name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by company. Any views expressed by third parties on this Fender Property (including recorded interviews) are solely the views of such third party and Fender assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Your Account
If you choose to register with this Fender Property, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Fender by e-mail to support@fenderdigital.com. You are solely responsible for your own losses and losses incurred by Fender and others (including other users) due to any unauthorized use of your account.

No Warranty
Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Fender on this Fender Property, but Fender is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Fender Property, the websites of any Fender dealer or distributor or any other website. Information and related materials are subject to change without notice. This Fender Property and all information and related materials it contains are provided "AS IS." Fender does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this Fender Property or any material, information or data downloaded or otherwise obtained through use of this Fender Property; (2) the results that may be obtained from the use of this Fender Property or the use of material, information or data obtained from this Fender Property; (3) that use of this Fender Property or any materials on this Fender Property will meet any users requirements; (4) that access to the Fender Property will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this Fender Property will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. Fender has no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication. By using this Fender Property, you assume the risk that the information and materials on this Fender Property may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. FENDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS FENDER PROPERTY AND THE INFORMATION GRAPHICS AND MATERIALS CONTAINED HEREIN.

You acknowledge and agree (1) that your use of this Fender Property and any material, information or data downloaded or otherwise obtained through the use of this Fender Property is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering this Fender Property or its content will be liable to users of this Fender Property for any damage resulting from use of this Fender Property or use of material, information or data downloaded or otherwise obtained from this Fender Property, nor are such parties in any way responsible for the conduct of users of this Fender Property or for information posted or exchanged on this Fender Property.

No advice or information, whether oral or written, obtained by you from Fender or in any manner from this Fender Property creates any warranty.

No Liability
In no event will Fender or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Fender Property or any linked website or to any material, information, data, products, or services obtained through this Fender Property, or otherwise arising out of your use of this Fender Property, your inability to use this Fender Property or any decision made or action taken by you in reliance of any information, advice or materials provided on this Fender Property, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Fender has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this Fender.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

Miscellaneous
You agree to indemnify, defend and hold harmless Fender, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this Fender Property, your use of any material, information or data downloaded or otherwise obtained from this Fender Property, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Fender or any other person or entity.

The laws of California and the United States shall govern use of this Fender Property. Users agree that any action, suit, or proceedings arising from or related to use of this Fender Property shall be brought exclusively in the federal or state courts of the State of California without regard to choice of law or conflicts of law provisions. Entire Agreement

By your access or use of this Fender Property, you agree to these Terms of Use. These Terms of Use, together with the Fender Privacy Policy, constitute the entire agreement between you and Fender with respect to your access and use of this Fender Property. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Fender. These Terms of Use will inure to the benefit of Fender’s successors and assigns.

Electronic Communications
You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Fender may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference. If you have any questions or concerns regarding these Terms of Use, please contact us at:

Fender Musical Instruments Corporation
Attn: Legal
17600 N. Perimeter Drive, Suite 100
Scottsdale, AZ 85255

The information contained in this site is subject to change without notice. Copyright © 2017-2023 Fender Musical Instruments Corporation. All rights reserved.

Last updated on March 15, 2021.

Generation-S Private Limited Acceptable Use Policy

This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Generation-S Private Limited under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

Generation-S Private Limited customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

This policy was last reviewed on 29 December 2022.

Fair use

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited activity

Copyright infringement and access to unauthorized material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and
any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorized message activity

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
Any act or omission in violation of consumer protection laws and regulations;
Any violation of a person’s privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorized use of Generation-S Private Limited property

We prohibit the impersonation of Generation-S Private Limited, the representation of a significant business relationship with Generation-S Private Limited, or ownership of any Generation-S Private Limited property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

the date the customer uses our Products after we publish the revised version on our website; or
30 days after we publish the revised version on our website.

Generation-S Private Limited Privacy Policy

Your privacy is important to us. It is Generation-S Private Limited's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including via our app, Fender RIFF, and its associated services.

Personal information is any information about you which can be used to identify you. This includes information about you as a person (such as name, address, and date of birth), your devices, payment details, and even information about how you use an app or online service.

In the event our app contains links to third-party sites and services, please be aware that those sites and services have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. This Privacy Policy does not apply to any of your activities after you leave our app.

This policy is effective as of 29 December 2022.

Last updated: 29 December 2022

Information We Collect

Information we collect falls into one of two categories: “voluntarily provided” information and “automatically collected” information.

“Voluntarily provided” information refers to any information you knowingly and actively provide us when using our app and its associated services.

“Automatically collected” information refers to any information automatically sent by your device in the course of accessing our app and its associated services.

Collection and Use of Information

We may collect personal information from you when you do any of the following on our website:

Use a mobile device or web browser to access our content
Contact us via email, social media, or on any similar technologies
When you mention us on social media

We may combine voluntarily provided and automatically collected personal information with general information or research data we receive from other trusted sources. For example, If you consent to us accessing your social media profiles, we may combine information sourced from those profiles with information received from you directly to provide you with an enhanced experience of our app and services.

Security of Your Personal Information

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.

Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, ensuring you do not make your personal information publicly available via our platform.

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. For example, if you have provided us with personal information such as an email address when contacting us about a specific enquiry, we may retain this information for the duration of your enquiry remaining open as well as for our own records so we may effectively address similar enquiries in future. If your personal information is no longer required for this purpose, we will delete it or make it anonymous by removing all details that identify you.

However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

Children’s Privacy

We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.

Your Rights and Controlling Your Personal Information

Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our app or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example serving particular content to your device), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

Business Transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data, including your personal information, among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may, to the extent permitted by applicable law, continue to use your personal information according to this policy, which they will be required to assume as it is the basis for any ownership or use rights we have over such information.

Limits of Our Policy

Our app may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here.

If required by law, we will get your permission or give you the opportunity to opt in to or opt out of, as applicable, any new uses of your personal information.

Additional Disclosures for Australian Privacy Act Compliance (AU)

International Transfers of Personal Information

Where the disclosure of your personal information is solely subject to Australian privacy laws, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act. You acknowledge that if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act, and you will not be able to seek redress under the Privacy Act.

Additional Disclosures for General Data Protection Regulation (GDPR) Compliance (EU)

Data Controller / Data Processor

The GDPR distinguishes between organisations that process personal information for their own purposes (known as “data controllers”) and organizations that process personal information on behalf of other organizations (known as “data processors”). We, Generation-S Private Limited, located at the address provided in our Contact Us section, are a Data Controller with respect to the personal information you provide to us.

Legal Bases for Processing Your Personal Information

We will only collect and use your personal information when we have a legal right to do so. In which case, we will collect and use your personal information lawfully, fairly, and in a transparent manner. If we seek your consent to process your personal information, and you are under 16 years of age, we will seek your parent or legal guardian’s consent to process your personal information for that specific purpose.

Our lawful bases depend on the services you use and how you use them. This means we only collect and use your information on the following grounds:

Consent From You

Where you give us consent to collect and use your personal information for a specific purpose. You may withdraw your consent at any time using the facilities we provide; however this will not affect any use of your information that has already taken place. When you contact us, you may consent to your name and email address being used so we can respond to your enquiry. While you may request that we delete your contact details at any time, we cannot recall any email we have already sent. If you have any further enquiries about how to withdraw your consent, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

Performance of a Contract or Transaction

Where you have entered into a contract or transaction with us, or in order to take preparatory steps prior to our entering into a contract or transaction with you. For example, we need technical information about your device in order to provide the essential features of our app.

Our Legitimate Interests

Where we assess it is necessary for our legitimate interests, such as for us to provide, operate, improve and communicate our services. For example, we collect technical information about your device in order to improve and personalize your experience of our app. We consider our legitimate interests to include research and development, understanding our audience, marketing and promoting our services, measures taken to operate our services efficiently, marketing analysis, and measures taken to protect our legal rights and interests.

Compliance with Law

In some cases, we may have a legal obligation to use or keep your personal information. Such cases may include (but are not limited to) court orders, criminal investigations, government requests, and regulatory obligations. If you have any further enquiries about how we retain personal information in order to comply with the law, please feel free to enquire using the details provided in the Contact Us section of this privacy policy.

International Transfers Outside of the European Economic Area (EEA)

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Your Rights and Controlling Your Personal Information

Restrict: You have the right to request that we restrict the processing of your personal information if (i) you are concerned about the accuracy of your personal information; (ii) you believe your personal information has been unlawfully processed; (iii) you need us to maintain the personal information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.

Objecting to processing: You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights, and freedoms, in order to proceed with the processing of your personal information.

Data portability: You may have the right to request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may also have the right to request that we transfer this personal information to a third party.

Deletion: You may have a right to request that we delete the personal information we hold about you at any time, and we will take reasonable steps to delete your personal information from our current records. If you ask us to delete your personal information, we will let you know how the deletion affects your use of our app, website or products and services. There may be exceptions to this right for specific legal reasons which, if applicable, we will set out for you in response to your request. Please be aware that search engines and similar third parties may still retain copies of your personal information that has been made public at least once, like certain profile information and public comments, even after you have deleted the information from our services or deactivated your account.

Additional Disclosures for California Compliance (US)

Under California Civil Code Section 1798.83, if you live in California and your business relationship with us is mainly for personal, family, or household purposes, you may ask us about the information we release to other organizations for their marketing purposes.

To make such a request, please contact us using the details provided in this privacy policy with “Request for California privacy information” in the subject line. You may make this type of request once every calendar year. We will email you a list of categories of personal information we revealed to other organisations for their marketing purposes in the last calendar year, along with their names and addresses. Not all personal information shared in this way is covered by Section 1798.83 of the California Civil Code.

Do Not Track

Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser “Do Not Track” signals.

We adhere to the standards outlined in this privacy policy, ensuring we collect and process personal information lawfully, fairly, transparently, and with legitimate, legal reasons for doing so.

CCPA-permitted financial incentives

In accordance with your right to non-discrimination, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels for the goods or services we provide.

Any CCPA-permitted financial incentive we offer will reasonably relate to the value of your personal information, and we will provide written terms that describe clearly the nature of such an offer. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

California Notice of Collection

For more information on information we collect, including the sources we receive information from, review the “Information We Collect” section. We collect and use these categories of personal information for the business purposes described in the “Collection and Use of Information” section, including to provide and manage our Service.

Right to Know and Delete

If you are a California resident, you have rights to delete your personal information we collected and know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The categories of personal information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
The business or commercial purpose for collecting or selling the personal information; and
The specific pieces of personal information we have collected about you.

To exercise any of these rights, please contact us using the details provided in this privacy policy.

Shine the Light

If you are a California resident, in addition to the rights discussed above, you have the right to request information from us regarding the manner in which we share certain personal information as defined by California’s “Shine the Light” with third parties and affiliates for their own direct marketing purposes.

To receive this information, send us a request using the contact details provided in this privacy policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code.

Contact Us

For any questions or concerns regarding your privacy, you may contact us using the following details:

Data Protection Officer
dpo@fenderaudio.com