Privacy Policy

Protecting the safety of children when they use the Internet is important to us. If you are under the age of 18, you confirm you have received permission from your parent or guardian before using the nkoda App or sending us any personal information.

If you are under the age of 16, your parent or guardian must consent, on your behalf, when we ask for consent to use your personal information. The nkoda App will ask you for your parent or guardian's email address so that we can get this consent directly from them. We will need your parent or guardian to agree to you using the nkoda App before we can allow you to use it.

We will collect from you, and process, the following personal information:

Information you give us:

• This is information about you that you give us directly when you interact with us.

• This will include information about you that you provide to us when using the nkoda App or when corresponding with us by phone, e-mail or otherwise. It also includes information you provide when you register to use the nkoda App, subscribe to our service, search for sheet music, place an order for sheet music, participate in any discussion boards or other social media functions available on or via the nkoda App, enter any competitions, promotions or surveys run via the nkoda App, submit a query to us, and when you report any problem with the nkoda App to us.

• The information that you give us may include your name, your e-mail address, your phone number and/or your login and password details. You may also have the option of uploading a profile picture via the nkoda App. It is entirely your choice as to whether you do this as it may be accessible by, and shared with, other users of the nkoda App. We may also collect details of any transactions made by you via the nkoda App, including your credit/debit card details (if those details are saved by you onto the nkoda App).

Information we collect about you from your use of the nkoda App:

We automatically collect information from you each time you use the nkoda App. This will include:

• Technical information: this includes the Internet protocol (IP) address used to connect your computer to the Internet, your login information, your browser type and version, your time-zone setting, your browser plug-in types and versions and your operating system and platform.

• Information about your visit: this may include the full Uniform Resource Locators (URL), the clickstream to, through and from the nkoda App (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number and any social media handle used to connect with our customer service team.

• Location data: we collect information through the nkoda App as to your real time location to provide location services where requested or agreed to by you, or to deliver content or other services that are dependent on knowing where you are. This information may also be collected in combination with an identifier associated with your device to enable us to recognise your mobile browser or device when you return to the nkoda App.

Information we receive from other sources:

This is the information we receive about you:

• If you use any of the other websites or apps we operate or the other services we provide.

• From third parties who we work closely with. In this case, we will have informed you, when we collected the relevant information, if we intend to share your information internally and/or if we intend to combine it with information collected via the nkoda App. We will also have told you for what purpose we will share and combine your information. We are working closely with different third parties (including, for example, business partners, sheet music publishers, sub-contractors in technical, payment and delivery services, analytics providers, and search information providers). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

We use information held about you in the following ways:

Information you give us:

We will use this information to take steps in order to enter into any contract, or to carry out our obligations arising under any contract entered into, between you and us including:

• Administering your account with us.

• Verifying and carrying out financial transactions in relation to payments you make through the nkoda App.

• Notifying you about changes to the nkoda App, this Privacy Policy or the nkoda End User Licence Agreement.

• Providing you with information about our products or services which we feel may interest you, if you have given your consent to receiving marketing material from us at the point we collected your information, where required by law or if it is otherwise in our legitimate interests, provided those interests do not override your right to object to such communications. (Please see 'Our promotional updates and communications' section below for further information.)

• Ensuring, in our legitimate interests, that content from the nkoda App is presented in the most effective manner for you and for your device. 

• Providing you with the information, products and services that you request from us or that we feel may interest you, subject to your stated preferences.

Information we collect about you from your use of the nkoda App

We will use this information in our legitimate interests, where we have considered these are not overridden by your rights, in order to:

• Administer the nkoda App and for internal operations, including troubleshooting, data analysis, testing, research, and statistical and survey purposes.

• Keep the nkoda App safe and secure.

• Improve the nkoda App, including to ensure that content is presented by us in the most effective manner for you and for your device.

• Allow you to participate in interactive features of our service, when you choose to do so.

Information we receive from other sources

We may combine this information with information you give to us, and information we collect about you in our legitimate interests (where we have considered that these are not overridden by your rights). We will use this information, and the combined information, for the purposes set out above (depending on the type(s) of information that we receive).

In limited cases, where consent is appropriate to, and sought for, any specific processing of your personal information, we will send you a separate consent notice. If you do not give your consent, we will not process your personal information for the specific purpose(s) identified in the notice.

Where permitted and in our legitimate interests, or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications, by email, about our products and services.

You can object to receiving any further marketing and promotional communications, at any time, by selecting the "unsubscribe" link which is at the end of all our marketing and promotional communications to you, or by sending us an email to contact@nkoda.com.

We may share your information with selected third parties, which may include:

• Organisations who support the services we offer through the nkoda App, in particular those providing website and data hosting services, fulfilment services, distributing any communications we send, supporting or updating marketing lists, facilitating feedback on our services and providing IT support services from time to time. These organisations (which may include third party suppliers, agents, sub-contractors and/or other companies in our group) will only use your information to the extent necessary to perform their support functions and will also be subject to applicable data protection and privacy laws.

• Analytics and search engine providers that assist us in the improvement and optimisation of the nkoda App.

• Business partners who, jointly with us, provide services to you and with whom we have entered into agreements in relation to the processing of your personal information.

• Payment processing providers who provide secure payment processing services. Your payment card details are not shared with us by any of these payment processing providers.

We may disclose your personal information to third parties:

• If we sell or buy any business or assets, in which case we will disclose your personal information to the prospective seller or buyer of such business or assets, subject to the terms of this Privacy Policy.

• To enable us to enforce or apply our rights under this Privacy Policy, the nkoda End User Licence Agreement or any other agreements with you, or to protect the rights, property or safety of nkoda Limited, our customers, our employees and any other relevant parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction, and to prevent cybercrime.

• Where we are required to do so by court order, or where we are under a duty to disclose or share your information in order to (or otherwise where we reasonably believe we are under a duty to) comply with any legal obligation.

The personal information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") that may not be subject to data protection and/or privacy laws equivalent to those that apply in the United Kingdom. We may transfer your personal data outside the EEA:

• In order to store it.

• In order to enable us to provide products or services to you, and to fulfil our contract with you. This includes order fulfilment, processing of payment details and the provision of other support services.

• Where we are legally required to do so.

• In order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded that those interests are not overridden by your rights.

Where we transfer your personal information outside the EEA, we will take all steps reasonably necessary to ensure that your personal information is subject to appropriate safeguards, such as relying on recognised legal safeguards (which may include entering into EC approved standard contractual clauses), and that it is stored securely and in accordance with this Privacy Policy.

The nkoda App may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to its users. Any information that is disclosed by you, or other users, in these areas becomes public information. You should therefore exercise caution when using these areas and avoid posting personal information on any of these areas.

Payments made via the nkoda App will be made through our payment gateway provider, Stripe. You will be providing credit or debit card information directly to Stripe, which operates a secure server to process payment details, encrypting your credit/debit card information and authorising payment. Information which you supply to Stripe is not within our control and is subject to Stripe's own privacy policy and terms and conditions. We may change our payment provider from time to time and, if we do so, we will update this Privacy Policy to reflect this.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the nkoda App, you are responsible for keeping that password confidential. We ask you not to share that password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of the information that is transmitted via the nkoda App; any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent any unauthorised access to that information.

The nkoda App may, from time to time, contain links to external websites. We are not responsible for the content of such websites or for how any of your personal information might be used on or by those websites. You should check the privacy policies of the relevant websites before submitting any information to any of those external websites.

We retain your personal information, for as long as you have an account with us, in order to meet our contractual obligations to you. In a limited number of cases, it may also be necessary to retain your personal information for up to six (6) years after your user account is deleted – for example, in order to help us identify and resolve any relevant legal issues.  

In any event, after your user account is deleted, we will also retain aggregate, anonymised information on our back-up systems, for research and reporting purposes, and to help us develop and improve our products and services. You cannot be identified from any such aggregate information that is retained by us and used for these purposes.

You have the right, under certain circumstances:

• To be provided with a copy of your personal information that is held by us.

• To request the rectification or erasure of your personal information that is held by us.

• To request that we restrict the processing of your personal information (for example, while we verify or investigate any concerns you might have regarding your personal information).

• To object to the further processing of your personal information, including to object to receiving marketing and promotional communications from us (as mentioned in 'Our promotional updates and communications' section above).

• To request that your personal information be moved to a third party.

• To withdraw consent to the processing of your personal information. Where the processing of your personal data by us is based on consent, you have the right to withdraw that consent, without detriment, at any time by e-mailing contact@nkoda.com. You can also change your marketing preferences, at any time, as described in 'Our promotional updates and communications' section above.

You can exercise any of the rights listed above, at any time, by e-mailing us at contact@nkoda.com.

In addition, at any time, you can opt out from allowing us further access to your location data by choosing the account deletion request option on the accounts panel of the App. You can also stop all information collection by uninstalling the nkoda App at any time. To do this, you can use the standard un-install process available for your device.

If your request or concern is not satisfactorily handled or resolved by us, you can approach your local or national data protection authority for further advice and assistance.

If your user account is deleted, then in most cases your personal information will be anonymised within 48 hours. We retain aggregate, anonymised information on our back-up systems, for research and reporting purposes, and to help develop and improve our products and services. It will not be possible to identify you from any of the information that we retain for these purposes.

However, we are entitled to retain your personal information for up to six (6) years, in line with this Privacy Policy and our contract with you. In a limited number of cases, this may be necessary - for example, to help us identify and resolve any related legal issues (including where any content on the App, or any of our other intellectual property, has been used illegally, or if we suspect that may be the case). In any event, after that six (6) year period, and sooner if possible, the personal information we have retained will be anonymised or deleted.

Any future changes we make to our Privacy Policy will be posted on this section of our website and within the nkoda App. In addition, any material changes will be notified to you by e-mail. This Privacy Policy was last updated on 1 September 2022.

Information about our cookie policy is available here. If you have questions or comments about this Cookie Policy, please contact us at contact@nkoda.com

Any questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to nkoda Limited, TC Group, 6th Floor, Kings House, 9-10 Haymarket, London SW1Y 4BP, United Kingdom or sent to us by email at: contact@nkoda.com.