Terms of Service & Privacy Policy
Terms & Conditions of Use
In these Terms of Use, any use of the words "you", "yours" or similar expressions shall mean any user of this website and the app whatsoever. Terms such as "we", "us, "our" or similar expressions shall mean the FMG LLC and its subsidiaries: Digital Foundry Inc., Digital Foundry NG LTD, Digital Foundry GH LTD and any other entities to be later formed as subsidiaries of FMG LLC [collectively referred to as “Forge”].
The websites, https://forge.africa, https://www.forge.africa and the Forge mobile application (collectively referred to as the “Forge Platform”) are operated by FMG LLC and its subsidiaries as defined above. FMG LLC is a limited liability company registered in the United States under the laws of the State of Delaware with registered offices at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, United States. Our Registration Number is 7633271.
Please read this page carefully as it sets out the terms that apply to your use of the Platform and any part of their content and all materials appearing on them. By using the Platform you confirm that you accept these Terms of Use and you agree to comply with them. If you do not agree to these Terms of Use, please refrain from using the Platform.
YOUR USE OF THE PLATFORM IF YOU ARE UNDER 18If you are under 18, you may need your parent/guardian to help you with your use of the Platform and with reading these Terms and Conditions. If anything is hard to understand, please ask you parent/guardian to explain. If you still have any questions, you or your parent/guardian can contact us at: hello@forgedigital.app.
If you are aged 13 or under, you cannot register for a Forge (“Account”) without the permission of your parent/guardian.
OTHER APPLICABLE TERMS
These Terms of Use are additional to, and should be read in conjunction with, our Privacy Policy and Cookies Policy.
CHANGES TO THESE TERMS OF USE
We may change these terms at any time by amending this page. Please check this page regularly to take notice of any such changes as you will be deemed to accept them through your continued use of the Platform.
CHANGES TO THE PLATFORMWe aim to update the Platform regularly, and may change the content at any time. If the need arises, we may suspend access to the Platform, or close it indefinitely. We will not be liable if for any reason the Platform is unavailable at any time or for any period. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
INTELLECTUAL PROPERTY RIGHTSThe Platform is protected by copyright, database rights and other intellectual property and related rights ("Rights") which are owned by us and our suppliers. All such Rights are reserved. Except where otherwise indicated on the Platform:
You may download and print material from the Platform as is reasonable for your own private and personal use;
You may also forward such material from the Platform to other people for their private and personal use provided you credit us as its source and add the Platform address: https://forge.africa & https://forgedigital.app. You must draw their attention to these terms which also apply to them; andYou may provide links to the Platform provided they go to the home page only and provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of us where none exists.
The Platform must not be used in any other way, including for commercial purposes, and you may not otherwise reproduce, re-utilise or redistribute it (including, by way of example, creating a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Platform, or frame or deep-link to it (or to any of its content) on any other platform, without our prior written approval. If you print off, copy or download any part of the Platform in breach of these terms, your right to use the Platform will cease immediately and you must return or destroy any copies of the materials you have made at our request.
The trade marks, logos and brand names shown on the Platform are owned by us or our suppliers & partners. No rights are granted to use any of them without the prior written permission of the owner.
ACCOUNT
You may register for an Account. You are not permitted to register multiple Accounts on the Platform or App. In registering for an Account, you will be providing personal data to Forge. Any personal data which you do submit will be processed in accordance with Forge’s Privacy Policy and in accordance with relevant data protection legislation including the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2018. For users in the United States, we have incorporated US State (including California Consumer Privacy Act (CCPA)) requirements into our overall Privacy Policy. Please review our Privacy Policy below.
You may (at your sole discretion) enable two factor authentication on your Account. Two Factor Authentication (TFA) improves the security of users’ accounts. Instructions enabling TFA are available in the “Settings" section of the mobile application.
You are responsible for:
Ensuring that your equipment is enabled with appropriate up-to-date virus checking software;Maintaining the security of your Account and/or password including (without limitation) by keeping passwords for your Account secure, frequently changing your password and keeping it confidential; andImplementing two factor authentication on your Account.
EXTERNAL LINKS
Occasionally, the Platform will contains links to other websites and services operated by parties independent to the us. We take reasonable precautions in selecting these however we do not endorse or take responsibility for the content or availability of these websites and cannot accept any liability for any material contained within them or for your use of them or any use of your personal data collected by their operators. If you decide to access linked websites or mobile applications you do so at your own risk and we encourage you to read the privacy statements applicable to each specific website or mobile application.
If you are under 18, you may need your parent/guardian to help you with your use of the Platform and with ensuring the content and availability of any linked websites, mobile apps and their services are appropriate.
VIRUSES
We and our suppliers take reasonable precautions to prevent computer viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other items that may damage the operation of computers or property or otherwise engage in computer misuse ("Malicious Programmes") on the Platform but cannot accept any liability for them. You are advised to take precautions against such Malicious Programmes, including the use of suitable protective software.
YOUR LAWFUL USE OF THE PLATFORM
You must not misuse the Platform by knowingly introducing Malicious Programmes. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services, the Third-Party Applications or the Third-Party Application content is to uninstall any VFD Bank software and to stop using the Services, the Third-Party Applications or the Third-Party Application content.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FORGE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF ANY LEGAL THEORY, WITHOUT REGARD TO WHETHER FORGE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, SHALL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO FORGE DURING THE PRIOR THREE MONTHS IN QUESTION.
Nothing in these Agreements removes or limits the Forge’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence.
GOVERNING LAWThese Terms of Service are governed by US Law / EU law / EEA country law / UK law / Brazilian law. In the event of conflict, the laws of the jurisdiction giving rise to any disrupt shall be controlling.
Disclaimer WarrantyThe Platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No warranty is provided that the Platform will be free from defects or viruses or that operation of the Platform will be uninterrupted. Your use of the Platform and any other material or services downloaded or made available to you through the software is at your own discretion and risk, and you are solely responsible for any damage resulting from their use.
You shall not:
(i) modify, revise or create any derivative works of the Platform;
(ii) Decompile, reverse engineer or otherwise attempt to derive the source code for the Platform;
(iii) Redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Platform; or
(iv) Remove or alter any proprietary notices, legends, symbols or labels in the Platform, including, but not limited to, any trademark, logo or copyright.
Indemnification:
You agree to indemnify and hold the Company and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Platform or Services or any willful misconduct on your part.
No waiver:
Our failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to exercise our rights in any other situation where you breach these Terms.
Rights of third parties:
A person or entity who is not a party to these Terms shall have no right to enforce any provision of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Paragraph shall affect the rights of any permitted assignee or transferee of these Terms.
Severability: All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Changes and amendmentsWe reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will send you an email to notify you. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of these termsYou acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
Contacting us if you have any questions about this Agreement, please contact us at hello@forgedigital.app. This document was last updated on 18 January 2023.
Privacy Policy
In this Privacy Policy, any use of the words "you", "yours" or similar expressions shall mean any user of this website and the app whatsoever. Terms such as "we", "us, "our" or similar expressions shall mean the FMG LLC and its subsidiaries: Digital Foundry Inc., Digital Foundry NG LTD, Digital Foundry GH LTD and any other entities to be later formed as subsidiaries of FMG LLC [collectively referred to as “Forge”].
FORGE PRIVACY NOTICE
Effective as of 18 January 2023 (‘Effective Date’)
Publication Date: 18 January 2023
This Privacy Notice describes how Forge, its affiliated and associated entities, as further detailed below (collectively, ‘Forge’, ‘we’ and ‘us’) collects, uses, discloses, transfers, stores, retains or otherwise processes your personal data.
This Privacy Notice applies when:
You register a Forge account
You log in and use Forge’s content and streaming services at all available subscription levels
You download and/or use Forge clients, e.g. Forge mobile applications, desktop player, web player or other technical interfaces provided by Forge (‘Forge clients’)
You visit or interact with our websites and fan pages on social networksYou participate in the Forge Early Access ProgramYou interact with us in any other way, such as when you contact our customer support service, respond to our surveys, participate in our competitions, use our developer platform and similar
Our websites, services or documents refer to this Privacy Notice
The Privacy Notice collectively refers to the above as processing of your data in the context of provision of our ‘Services’. Our policy is to always process your personal data in accordance with applicable data protection laws and regulations.
This Privacy Notice is separate from Forge’s Terms and Conditions of Use (‘Terms’), which govern your use of and access to the Forge Services.Our Privacy Notice explains:
1. WHO WE ARE
2. PERSONAL DATA WE COLLECT ABOUT YOU
3. HOW WE USE YOUR PERSONAL DATA
4. RECIPIENTS WITH WHICH WE SHARE YOUR PERSONAL DATA
5. SOCIAL MEDIA NETWORKS
6. INFORMATION YOU CHOOSE TO MAKE PUBLIC
7. YOUR PRIVACY RIGHTS
8. ADDITIONAL DISCLOSURES FOR INDIVIDUALS RESIDING IN SELECT JURISDICTIONS
9. DATA RETENTION, DELETION AND ANONYMISATION
10. SECURITY
11. CHILDREN’S PERSONAL DATA
12. INTEGRATION WITH THIRD-PARTY WEBSITES AND SERVICES
13. AMENDMENTS TO THIS PRIVACY NOTICE
1. WHO WE ARE: For the purposes of this Privacy Notice, the ‘controller’ of your personal data is FMG LLC, a United States registered in the State of Delaware, 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, United States.
As the controller FMG LLC decides why and how your personal data are handled by Forge when you use our Services. FMG LLC is responsible for handling your data in line with the applicable data protection rules.If you have any questions, comments or requests regarding this Privacy Notice, please reach out to us by contacting us at hello@forgedigital.app or to the above correspondence address. If you want to exercise your privacy rights, see further contact options in section 7 of this Privacy Notice. We have also appointed a data protection officer whom you can contact at hello@forgedigital.app.
2. PERSONAL DATA WE COLLECT ABOUT YOUWhen we refer to ‘personal data’ in this Privacy Notice, we mean information that makes it possible for us to identify you either directly or indirectly. In some countries it is more common to use terms such as ‘personal information’, ‘personally identifiable information’ or ‘PII’. For the purposes of this Privacy Notice, these terms will be collectively referred to as ‘personal data’.
We may collect your personal data directly from you, from your device or automatically through your use of our ServicesWe may collect your personal data directly from you, from your device or automatically through your use of our ServicesWe may collect your personal data directly from you, from your device or automatically through your use of our Services.
Identification data and contact data;
Account data;
Subscription data;
Payment and billing data;
Usage data;
Login data;
Device data;
Marketing data;
Personal data processed in the context of customer supportPersonal data processed in the context of user-testing, surveys and interviews;
Personal data processed in the context of competitions and sweepstakes; and
Personal data processed in the context of your interaction with our pages on social media networks.
We may draw inferences from any of the information above, including about your preferences. We do not deliberately collect sensitive personal data, and would not use any such information except for the purposes for which it is collected and as authorised by law.
We may also receive information about you from third parties that may have collected and transferred your personal data to us in accordance with their own privacy policies and/or terms of use. When we receive such information from third parties, we may combine it with the other personal data that we have collected about you as set out above and use such information either alone or in combination with the other personal data we hold for the purposes outlined in section 3. of this Privacy Notice.
3. HOW WE USE YOUR PERSONAL DATA: When we process your personal data, we do so because we have specific and defined reasons (‘purposes’) to do so. In this section we provide more information regarding what these purposes are and which categories of personal data we process with respect to each of the processing purposes.We also must have a legal justification (‘legal basis’) to process your personal data. We may process your personal data when:
We have your consent: when you have given us your free, informed, unambiguous consent to process your personal data for a specific purpose. You are free to withdraw your consent at any time (See Section 7).
It is necessary for the performance of a contract between you and Forge: we rely on this legal basis when you request our Services and we need to process your personal data to deliver these Services in line with our Terms. We may also rely on this legal basis to process your personal data where it is necessary to take certain precontractual steps, such as to verify your eligibility for our Services.
It is necessary for compliance with a legal obligation: we may be subject to different legal or regulatory obligations in jurisdictions where we operate, which require that we process certain personal data for specific purposes.
It is necessary for the legitimate interests of Forge or a third party: we or a third party may have legitimate interests to process your personal data for various purposes that benefit Forge or third parties, such as other Forge users. Prior to relying on this legal basis, we balance the envisaged benefits of processing for Forge or third parties against your interests, rights and freedoms to determine if we can rely on this legal basis.
4. RECIPIENTS WITH WHICH WE SHARE YOUR PERSONAL DATA: We share your data with third parties if you give us your permission, if it is necessary for the performance of the contract we have with you or if we have a legitimate interest for such sharing. See the overview of different third-party recipients with which we may share your data.
Our affiliates and group companies;
Processors (service providers);
Third-party applications, services and platforms;
Payment service providers;
Business partners;
Ad partners and analytics service providers;
Law enforcement and other public authorities, legal representatives, auditors and other third parties if we are legally compelled to do so; or
Purchasers of our business.
We may de-identify your data, and combine and aggregate your de-identified information with other information in a way that it no longer enables your identification and share that de-identified, aggregated information with other third parties not mentioned above – for example, with artists or content rights holders whose content we licence. Such de-identified and aggregated statistics may include demographic data, such as how many users constitute a particular age group, general locations of where groups of users reside and similar data.
5. SOCIAL MEDIA NETWORKS: We use various usage analytics and insight tools offered by the operators of social media networks, through which we can view general, anonymised statistics about our fan pages, such as interactions and reach of our posts and demographic information about our fan page visitors (e.g. age, gender, region). We can optimise the content we offer on our fan pages on that basis.
Whenever you interact with our fan pages, operators of the social networks use cookies and similar technologies to track the usage behaviour of fan page visits. This information is collected regardless of whether you are a logged in user of the particular social network or not. On that basis, we receive various insights from the operators of social networks.
We do not have access to the personal data which the operators of social networks use to create such insights. The selection and processing of your data for insights is performed exclusively by the operators of social networks. However, in some cases, when using these usage analysis and insight tools, we are jointly responsible (‘joint controllers’) with the operators of the social networks for processing your data.
Note that when you visit our fan pages, the operators of social media process your data also for their own purposes, which are not covered in this Privacy Notice. We have no influence over the data processing operations of third parties. In this regard, we refer you to the privacy policy of the respective social network.
6. INFORMATION YOU CHOOSE TO MAKE PUBLIC
6.1. FORGE PROFILES: The following information will be always public on our Services as part of your Forge Profile:
your Forge Profile name - it can be anything you want,
your followers and Forge users you follow.
The extent of your information visible to others on our Services will depend on the information you choose to share about yourself. You can change or delete some of the information you provided about yourself.
If you use your Facebook account to authenticate to our Services, we will receive your first and last name and profile picture from Facebook, and this information will be mirrored automatically in your Forge Profile as your Forge Profile name and profile picture. You can also edit or delete this information.
7. YOUR PRIVACY RIGHTS
7.1. WHICH RIGHTS YOU HAVE: You have a number of rights when we process your personal data, as provided by applicable privacy laws. These include:
Right to be informed about how we process your personal data;
You have the right to know how we process your personal data. We provide such information through this Privacy Notice, through information on our Services and by answering your inquiries when you contact us. (See ‘Right of access to your personal data’).
Right of access to your personal data
You can ask whether we process your personal data, and if we do, you can ask for a copy of your personal data and for information on certain other aspects of the processing, such as purposes of the processing; categories of the personal data processed; recipients or categories of recipients of the data; source of the data where we have not received your data directly from you; information about the existence of automated decision-making or profiling; and information about other privacy rights you have in relation to your personal data.
Right to rectification of inaccurate or incomplete personal data
You have the right to have your incorrect or incomplete data corrected. You may correct some categories of your personal data yourself in your Forge Account .
Right to deletion (erasure) of your personal data
You have the right to ask us to delete your personal data under certain circumstances, for example when:Your personal data are no longer necessary in relation to the purposes for which we have collected them;
You withdraw your consent to processing of your personal data (see ‘Right to withdraw consent’) and there is no other legal ground for the processingYou object to the processing (see ‘Right to object’) and there are no overriding legitimate grounds for the processing or when you object to processing of your data for direct marketing purposesYour personal data were unlawfully processed by us;
The erasure is mandated under a law to which we are subjectWe have collected the personal data of a child (see section 11.)Please note that you may also delete certain personal data by yourself in your Forge account. You may also delete your folders, playlists, playlists descriptions, remove tracks from your playlists or remove added artists and other content from your library.
Under some circumstances we are legally not required to comply with a deletion request. For more information in this regard see section 9.
Right to restriction of processing of your personal data
Under certain circumstances you may request that we stop processing some or all of your personal data temporarily. You may request the restriction of processing if:
You have contested the accuracy of your personal data (see ‘Right to rectification of inaccurate or incomplete personal data’) for the period of verification of the accuracy of your personal data;
When we unlawfully processed your personal data and instead of erasure of such data you request restriction of their use;
When we no longer need your personal data in relation to the purposes for which they were collected but you require such data for the establishment, exercise or defence of legal claims; and
When you have objected to the processing (see ‘Right to object’), pending the verification on our end whether our legitimate grounds override your interests.
Right to data portability
You have the right to receive a copy of your personal data in a machine-readable (electronic) format and to have it sent to another service provider, if our legal basis for processing your personal data is your consent or performance of contract.
Right to object
You have the right to object to the processing of your personal data on certain grounds.
When we process your personal data for Forge’s or third party’s legitimate interests: See the overview in section 3., which specifies for which purposes we rely on legitimate interests as our legal basis to process your data. When we receive your request on this ground, we will no longer process your personal data for such purposes, unless we demonstrate that we have compelling legitimate grounds to continue processing your personal data for these purposes, which override your interests, rights and freedoms or where we need to process such data for the establishment, exercise or defence of legal claims.
When we process your data for direct marketing purposes: You can also object at any time that we process your personal data for direct marketing purposes. If you object, we will no longer process your data for such purposes.
You may change your preferences and opt out from receiving some or all of these types of direct marketing communications in your Forge account settings, or you may contact us through the contact points provided in section 7. You may also unsubscribe from our marketing emails by clicking on the unsubscribe link provided in such emails.See also ‘Right to erasure (deletion) of your personal data’ and ‘Right to restriction of processing of your personal data’ above that are related to the Right to object.
Right not to be subject to automated decision-making
You have the right not to be subject to a decision based solely on automated processing (i.e., decisions made by machines without human involvement), including profiling, which would produce legal effects or similarly affect you significantly. Our processing of your data does not involve this type of automated decision-making.
Right to withdraw consent
Where we rely on your consent to process your personal data for a particular purpose, you may withdraw your consent at any time. See the overview in section 3., which specifies for which purposes we rely on your consent as our legal basis. If you withdraw your consent, we will stop processing your personal data for the specific purpose(s). This does not affect the lawfulness of processing of your data before you have revoked the consent.
See also ‘Right to deletion (erasure) of your personal data’ that is related to the Right to withdraw consent.
Right to lodge a complaint
If you reside in selected jurisdictions, you are entitled, in line with the local data protection law, to contact your local authorities regarding any question, concern or complaint you have relating to our processing of your personal data. Please refer to section 8. below to verify whether you have this right in your jurisdiction and how to exercise it.
Right of non-discrimination
You have the right to not be discriminated against if you exercise any of your privacy rights outlined above. We will not discriminate against you or deny, charge different prices for, or provide a different quality of our Services if you choose to exercise these rights, although some of the functionality and features available on the Services may change or no longer be available to you.
7.2. HOW TO EXERCISE YOUR RIGHTS
You can request to exercise any of the above rights:with an email to innovator@forgedigital.app . Please note that when you make a request to exercise your rights, we may require that you provide information and follow procedures so that we can verify your identity. Where possible, we will attempt to match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it.We will assess any request to exercise these rights on a case-by-case basis. We will respond to your request within the periods required by applicable data protection law. However, we may not always be able to comply fully with your request. We will notify you in that event.
8. ADDITIONAL DISCLOSURES FOR INDIVIDUALS RESIDING IN SELECT JURISDICTIONS
8.1. BRAZIL: This section is relevant if you reside in Brazil. Forge complies with the Brazilian General Data Protection Law (Law No. 13,709/2018) (the ‘LGPD’). This Privacy Notice includes all the necessary disclosures in line with the LGPD.
You have privacy rights under the LGPD, which are outlined in section 7.1 of this Privacy Notice. You may contact us in line with section 7.2 to exercise any of these rights.You also have the right to information regarding the shared use of personal data, which means that you have the right to receive complete information about data sharing or data transfers between Forge and third parties. You can find the overview of the shared use of your personal data in section 4. of this
Privacy Notice.If you are not satisfied with how we handled your request to exercise your rights or you have any other questions or concerns about your rights or this Privacy Notice, please contact our data protection officer at innovator@forgedigital.app. You also have the right to complain to your national data protection authority Autoridade Nacional de Proteção de Dados. We may share your personal data with third parties outside of Brazil, as provided in section 4. This may include transfers of your personal data to the United States, to the European Economic Area countries and to the United Kingdom.
8.2. CANADA: This section is relevant if you reside in Canada. Forge complies with the Canadian Personal Information Protection and Electronic Documents Act (‘PIPEDA’). This Privacy Notice includes all the necessary disclosures in line with the PIPEDA.
If you are dissatisfied with how we handled your privacy request, you have right to make a written submission to the Privacy Commissioner in your jurisdiction or to the Office of the Privacy Commissioner of Canada at the address below:Office of the Privacy Commissioner of Canada
30 Victoria Street Gatineau
Quebec K1A 1H3
https://www.priv.gc.ca/en
8.3. THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM: This section is relevant if you reside in any of the European Economic Area countries (the ‘EEA’) (i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden) or in the United Kingdom (the ‘UK’) and includes disclosures in line with the General Data Protection Regulation (Regulation (EU) 2016/679 and its UK equivalent, UK Data Protection Act 2018) (the ‘GDPR’).
8.3.1. Your privacy rightsThe GDPR gives you rights as described in section 7, which you can exercise in line with section 7. If you are not satisfied with how we handled your request to exercise any of your rights or you have any other questions or concerns about your rights or this Privacy Notice, please contact our data protection officer at FMG LLC, 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, United States or at innovator@forgedigital.app
You can find the overview of data protection authorities in different EEA countries here. The data protection authority for the UK is the Information Commissioner’s Office, which you may contact here.
8.3.2. International transfers of personal dataAs described in section 4. of this Privacy Notice, we share your data both internally with our affiliates and group companies, as well externally with our processors and other third parties. Some of these recipients are located in countries outside of the EEA and the UK, including in the United States and other countries, whose laws may not provide an equivalent level of protection for your personal data as is the level of protection guaranteed in the EEA and the UK.
These transfers are necessary and essential for us to provide our Services to you. Prior to your personal data being shared with third parties, we will take contractual or other steps reasonably necessary to ensure that your personal data is treated securely by such third parties.
To transfer your data, we rely on adequacy decisions issued by the European Commission as well as EU Standard Contractual Clauses that have been adopted by the European Commission and the UK International Data Transfer Addendum. For more information, including how to obtain a copy of these documents please contact us through our contact points provided in section 7. You can also access the Standard Contractual Clauses approved by the European Commission here.
8.4. UNITED STATES: This section supplements the Forge Privacy Notice and is applicable to residents of U.S. states that have adopted comprehensive privacy legislation. As of the Effective Date of this Privacy Notice, these states are California, Colorado, Connecticut, Utah and Virginia (“selected U.S. states”).
8.4.1. Personal data we collect about you and purposes for which we use personal dataIn the past 12 months, we have collected the categories of your personal data as described in section 2. of this Privacy Notice and used it for the purposes described in section 3. of this Privacy Notice.
8.4.2. Sources of personal dataWe may have obtained your personal data from a variety of sources, including directly from you, your device, from your use of our Services and from third parties, as described in section 2. of this Privacy
Notice.
8.4.3. Disclosures of personal data to third partiesPlease refer to section 4. of this Privacy Notice for the categories of third parties to which we may have disclosed personal data..
8.4.4. Sale of your personal data and interest-based advertisingIn the past 12 months, Forge has not disclosed personal information in a manner that it considers a sale within the meaning of applicable state laws.
While we do not sell your personal data, Forge and third parties that provide advertising or other functionality on our behalf may use cookies and similar technologies to help us advertise our Services to you as informed by your interests. See the Forge Cookie Policy to learn more about interest-based advertising. You have the right to opt out of this sharing, as described below.
8.4.5. Your privacy rightsPlease refer to section 7 of this Privacy Notice to understand which privacy rights you may have. If you are a resident of a selected U.S. state and would like to exercise your rights as described above, please refer to the contact information provided in section 7.
To help protect your privacy and maintain security, we may take steps described in section 7 to verify your identity before granting you access to your personal information or honouring your other requests.You may designate an authorised agent to make a request on your behalf as permitted under law. Before we process that request, we may require that you provide the authorised agent with written permission to do so – for example, a power of attorney.
Right to opt out of sharing personal data for interest-based advertising: Before we place any targeting cookies on your device when you visit Forge websites or use Forge clients, we will present you with a cookie preference centre. You can opt out of targeted advertising through the cookie preference centre. You can also change your preferences any time by clicking on ‘Cookie Settings’ link at the bottom of our websites or you can opt out of certain targeted advertising on Forge mobile, desktop and web clients by modifying your cookie preferences through the ‘Privacy preferences’ button in the settings of your Forge client.
You may also adjust the privacy settings though your browser settings or through centralised solutions for interest-based advertising opt out from third-party advertisers who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s (DAA) Self-Regulatory Principles for Online Behavioural Advertising.
On your mobile device you may use "Limit Ad Tracking" on iOS or "Opt Out of Ads Personalization" on Android.
Read the Forge Cookie Policy to learn more about these options.
California rights: Right of access: In addition to the right of access described in section 7 above, California residents may have the right to request a copy of your personal data and information regarding:
The categories and specific pieces of personal data we have collected about you
The categories of sources from which we have collected your personal data
The business or commercial purpose for which we have collected or shared your personal data
The categories of third parties to which we have disclosed your personal data
The categories of personal data about you that we have disclosed disclosed for a business purpose, and the categories of third parties to which we have disclosed such information for a business purpose
Shine the Light: California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their own direct marketing purposes.
Do Not Track: Some web browsers transmit "do-not-track" signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. At this time our websites are not designed to respond to these signals or similar mechanisms from browsers.
9. DATA RETENTION, DELETION AND ANONYMISATION
Data retention: We will keep your personal data only for the period necessary to fulfill the purposes for which we collect and process your personal data, as described in this Privacy Notice and in accordance with applicable law. This means that the retention periods will vary according to the data category and the purpose we have to process your personal data. The retention periods for data are determined on a case-by-case basis that depends on the following factors:The nature of the personal data and why it is collected and processed. The length of time we will keep your personal data will generally be determined by how long we need that information to provide you with our Services and to provide customer support.
For example: As set out in this Privacy Policy, we require account data to deliver our Services. We need to keep it for the duration your Forge account exists so that we can maintain your account.Similarly, we will keep some of your usage data, such as your playlists or folders for the lifetime of your account.For so long as we are required by law to do so. We are subject to various legal obligations in countries in which we operate, such as bookkeeping, accounting, tax or audit obligations, which require that we keep certain data for specified periods.
For example, we will keep your information:
To respond to a legal request or to comply with applicable law. We must keep your information where we have a legal obligation to do so.
For example, if we receive a valid legal request, such as a preservation order or search warrant, related to your account, we preserve your information after you delete your account.
To deal with and resolve requests, disputes or complaints.
For litigation or regulatory matters. For example, we preserve your information related to a legal claim or complaint, such as where we are subject to a regulatory investigation or where we need to defend ourselves in legal proceedings about a claim related to your information or where we need to respond to a regulator in relation to a legal or regulatory complaint made by you or someone else.Issues relating to the safety, security and integrity of our Services and to protect rights, property and users. For example, we keep information where it is necessary to investigate misuse of our Services, such as fraud.
Data deletion and anonymisation: Subject to applicable law, after the lapse of the retention periods, we will delete or permanently anonymise your personal data so that it is no longer capable of identifying you.If you request that we delete your Forge user account, we will treat your Forge account deletion request as a request for erasure (deletion) of your personal data (see section 7 ‘Right to deletion (erasure) of your personal data’) and we will delete or anonymise your personal data, so that it no longer identifies you, in accordance with applicable law.
Depending on the jurisdiction in which you reside, there may be circumstances in which we retain your personal data for lawful reasons after receiving a deletion request, for example if:
We have a legal obligation to keep some of your personal dataIt is necessary for the establishment, exercise or defence of legal claims (e.g. when there is an unresolved issue or claim relating to your Forge user account or your use of our Services)We have compelling legitimate grounds to retain some of your personal data that overrides your interests in having your data deleted (e.g., for fraud prevention purposes, to enforce our Terms and similar).
We cannot verify your identity or confirm that the personal data that we maintain relates to you, or if we cannot verify that you have the authority to make a request on behalf of another individualThere is another exception under the applicable legislation in the country or state of your residence (e.g., exceptions applicable under the California Consumer Privacy Act).
In such cases, we will keep limited information about you in a protected form for the period necessary to fulfill processing under the applicable exception.
10. SECURITY:
We strive to keep your data safe. While we think we have strong defences in place, no one can ever guarantee that hackers won’t be able to break into our sites or steal your data while it is stored or flowing from you to us or vice versa.
We take reasonable measures, including administrative, technical, and physical safeguards to protect your information from loss, theft, misuse, unauthorised access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.
Some of your personal data will be publicly accessible on Forge Services as described in section 6. Your data will be also accessible by our employees and third parties, as described in section 4., which require access for the purposes described in this Privacy Notice and only on a need-to-know basis.
We recommend that you always use strong passwords, that you change them regularly and that you do not use the same passwords for your Forge account as you already use to access other services or devices. We also recommend that you always access the Services and make payments from a secure computer or device. Any third-party services that you use to connect to your Forge account may also affect your information.
Please note that information collected by third parties may not have the same security protections as information you submit to us. We are not responsible for the functionality, privacy, or security measures of such third parties.
11. CHILDREN’S PERSONAL DATA
Our Services and their content are not directed at children under the age of 13. We do not knowingly collect or solicit any personal data from children under the age of 13 or knowingly allow such persons to register for our Services. If you are under the age of 13, please do not use our Services, do not browse our websites and do not send us any of your personal data. If we learn that we have collected personal data from a child under the age 13, we will promptly delete that information, in accordance with applicable law. If you are a parent or guardian and believe that we may have collected personal data from your child, please notify us immediately by sending an email to innovator@forgedigital.app
If you are 13 – 17 years of age, you may use our Services in line with our Terms. We reserve the right to limit access to our Services for children aged 13 – 17 years, if their use of our Services or processing of personal data would be illegal or would require a consent of a parent or guardian, according to law applicable in their country of residence.
12. INTEGRATION WITH THIRD-PARTY WEBSITES AND SERVICES
Our Services may contain links to third-party websites or services. We do not control and we are not responsible for the privacy practices employed by any websites or services linked to or from our Services, including the information or content contained within them.
When you use a link to go from our Services to another website or service, our Privacy Notice does not apply to those third-party websites or services. Your browsing and interaction on any third party website or service, including those that have a link on our Services, are subject to that third party’s own rules and policies. In addition, we are not responsible and do not have control over any third parties that you authorise to access your personal data.
If you are using a third-party website or service and you allow them to access your personal data, you do so at your own risk. Please refer to that third party’s privacy policy to understand how it processes your personal data.
13. AMENDMENTS TO THIS PRIVACY NOTICEOur Services are subject to constant improvements and future changes may influence what personal data we process and how we collect, use, share, store or otherwise process it. We may develop other Services in the future which are currently not mentioned in this Privacy Notice. The Privacy Notice will apply to them accordingly, unless stated otherwise upon the launch of the new Services.
This Privacy Notice may be updated to reflect new changes in our Services, changes in legal framework or improvements in how we handle personal data. When we make material changes to the Privacy Notice, we will provide you with notice as appropriate under the circumstances, by sending you an email or notification within a Forge client. Unless stated otherwise, our most recent Privacy Notice applies to all information that we process about you.
