Privacy Policy

This Privacy Policy describes how Aqua Flamingo Labs Inc. ("Aqua Flamingo Labs", "we", "us" or "our") collects, uses and discloses personal information when you visit aquaflamingolabs.com (the "Site"), use our software and apps, including MatchCut FCP and, once launched, Chord Finance, make a purchase, or otherwise communicate with us (together, the "Services"). "You" means the user of the Services, whether a customer, website visitor or other individual whose information we have collected under this Policy.

Learning to DJ is a brand operated by Aqua Flamingo Labs Inc. with its own privacy policy. This Policy covers Aqua Flamingo Labs Inc.'s Site and software; Learning to DJ's own policy governs the Learning to DJ site and products.

Please read this Policy carefully. By using the Services, you agree to the collection, use and disclosure of your information as described here. If you do not agree, please do not use the Services.

Changes to this Privacy Policy

We may update this Policy from time to time, including to reflect changes to our practices or for operational, legal or regulatory reasons. We will post the revised Policy on the Site, update the "Last updated" date and take any other steps required by applicable law.

Our approach to your data

We do not currently offer user accounts, and we do not collect or host user-generated content on our servers. MatchCut FCP and Chord Finance are designed to run on your Mac and work with files and records that stay on your device. As of the date of this Policy, MatchCut FCP and Chord Finance do not upload your media, projects, financial records, holdings or API keys to us or to our servers. They do send product analytics and crash data, described below. If this changes, we will update this Policy.

What personal information we collect

"Personal information" means information that identifies, relates to, describes or can be associated with you.

Information you give us

• Contact details, such as your name and email address, when you email us or contact support.
• Order information, such as your name, email address, billing details and payment confirmation, which is collected through our payment providers.
• Customer support information, including whatever you choose to include in messages to us.

You may choose not to provide information, but that may prevent us from serving you.

Information collected automatically

When you use the Site, we and our service providers automatically collect usage data using cookies, pixels, software development kits and similar technologies ("Cookies"). This may include your IP address, device and browser information, pages viewed, referring pages, network information and how you interact with the Site. We use PostHog, Short.io and Google Analytics for this purpose.

Information from third parties

We receive information from service providers who operate on our behalf, such as:

• Payment platforms (Gumroad and Lemon Squeezy), which collect payment information and give us order details such as your name, email address, country, product purchased and payment status. We do not receive your full card number.
• Hosting and infrastructure providers (Hostinger, Google Cloud and Cloudflare), who process technical data such as IP addresses and request logs.
• Analytics providers (PostHog and Google Analytics), who give us usage data.

Software licences may be activated through Lemon Squeezy or the Apple App Store, and software may be downloaded directly from GitHub. These providers may collect your IP address, device information and licence details under their own privacy policies. If you buy through the App Store, Apple handles the transaction and we receive limited purchase information from Apple.

Data you handle in our software

MatchCut FCP and Chord Finance process your files, media, financial records and settings on your own device. We do not receive or access this data unless you send it to us, for example in a support email. If you send us screenshots, project files or records, we will use them only to help you.

Chord Finance and market data. Chord Finance, which has not launched yet, will require you to supply your own API key to retrieve market data. Your key is stored locally on your device, in your Mac's Keychain. When you use it, the app sends requests directly from your device to the data provider (CoinGecko, Alpha Vantage, Marketstack or others you choose). Those requests, which may include the symbols you look up, your IP address and your key, are governed by the provider's own terms and privacy policy, not ours. Requests made with your own API keys go directly from your device to the provider and do not pass through our servers. CoinGecko price data is cached using Cloudflare, so requests for that data pass through Cloudflare, which may process your IP address and request details.

Product analytics, crash data and licence checks

MatchCut FCP and Chord Finance send product analytics and crash data to PostHog, which acts as our service provider. This may include how features are used, app and macOS version, device type, an identifier, and crash reports.

When you activate or use the software, it also sends a licence identifier to validate your licence.

How we use personal information

• Providing the Services. To process payments, deliver software and licences, provide downloads and updates, issue refunds, and manage purchases.
• Customer support. To respond to your messages and resolve issues, and to improve the Services.
• Analytics and improvement. To understand how the Site is used and to improve it.
• Marketing. To send you product updates or promotional emails where you have opted in or as otherwise permitted by law; you can unsubscribe at any time.
• Security and fraud prevention. To detect, investigate and act on possible fraudulent, illegal or malicious activity.
• Legal and business. To comply with legal obligations, enforce our Terms of Service, and protect or defend the Services, our rights, and the rights of others.

Cookies

We use Cookies to run and improve the Site, remember preferences, and understand how visitors use it. Most browsers accept Cookies by default, but you can set your browser to remove or reject them. Blocking Cookies may affect how the Site works. You can also opt out of Google Analytics using Google's browser add-on.

Analytics on this website

This website — the marketing site at aquaflamingolabs.com — uses two analytics tools: Cloudflare Web Analytics, which measures aggregate page views without cookies or cross-site tracking, and Google Analytics, which uses cookies and similar technologies to help us understand how visitors use the site. Google Analytics may process data outside Canada, including in the United States. You can opt out of Google Analytics with the browser add-on linked above. This website does not use PostHog or Short.io; the PostHog references elsewhere in this Policy relate to our desktop software, not this site.

How we disclose personal information

We may disclose personal information to:

• Service providers who act on our behalf: Lemon Squeezy and Gumroad (payments, licence activation and order fulfilment), Apple (App Store purchases), GitHub (software downloads), Hostinger, Google Cloud and Cloudflare (hosting, security and delivery), PostHog and Google Analytics (analytics), and email or support tools we use.
• Third parties when you direct us to or consent.
• Our affiliates or corporate group, where applicable.
• A buyer or other party in connection with a merger, financing, acquisition, bankruptcy or sale of some or all of our business.
• Authorities or others where required by law (including to respond to subpoenas, warrants and similar requests), to enforce our Terms, or to protect or defend the Services, our rights and the rights of others.

We do not sell your personal information. These providers use your information under their own privacy notices and, where they act as our service providers, only to provide services to us.

International transfers

We are based in Ontario, Canada, but our service providers may store and process information in other countries, including the United States, where privacy laws may differ from Canada's and where courts, law enforcement and national security authorities may be able to access it. By using the Services, you acknowledge this.

Third-party websites and links

The Site may link to third-party websites or platforms. We do not control them and are not responsible for their privacy or security practices, or the accuracy of their content. Please review their policies. Information you share on third-party platforms may be visible to others and used by them without limitation by us.

Children's data

The Services are not intended for children, and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has given us personal information, contact us at hello@aquaflamingolabs.com and we will delete it.

Security and retention

No security measures are perfect, and we cannot guarantee perfect security. Information you send us may not be secure in transit, and we recommend you avoid sending sensitive or confidential information (such as financial account numbers or passwords) by email. You are responsible for securing your own device, backups and any API keys you use with our software.

We keep personal information only as long as needed to provide the Services, maintain business and tax records, comply with legal obligations, resolve disputes and enforce our agreements. Transaction and tax-related records are kept for the periods required by applicable law, such as Canadian tax record-keeping requirements.

Your rights and choices

Depending on where you live, including under Canadian privacy law (such as PIPEDA), you may have some or all of the following rights. These are not absolute, and we may decline requests as permitted by law.

• Access. Request access to the personal information we hold about you and how we use and share it.
• Correction. Request correction of inaccurate information.
• Deletion. Request deletion of your personal information.
• Portability. Request a copy of your information and, where possible, its transfer to another party.
• Withdraw consent / opt out. Withdraw consent where we rely on it, and unsubscribe from marketing at any time.

To exercise a right, email hello@aquaflamingolabs.com. We may need to verify your identity first. If you have a concern we have not resolved, you may contact the Office of the Privacy Commissioner of Canada. Residents of other jurisdictions may have the right to complain to their local authority.

Limitation of liability

To the fullest extent permitted by law, we are not liable for any loss or damage arising from the collection, use or disclosure of information by third parties (including payment, analytics, infrastructure and market data providers), from unauthorized access to information despite reasonable safeguards, from information you send over insecure channels, or from your own failure to secure your devices, data or API keys. This section is in addition to the limitations in our Terms of Service.

Contact

For questions about this Policy or to exercise your rights, contact our privacy contact at hello@aquaflamingolabs.com.

Aqua Flamingo Labs Inc. 1300B-350 Bay Street, Toronto, ON, M5H 2S6