MUSIC TCHR TEACHER TERMS & CONDITIONS

Welcome to Music TCHR.  We are Music Teacher Ltd., a company registered in England under number 13108309) with our registered office address at Trevear House, Old County Court, Alverton Terrace, Penzance, Cornwall TR18 4GH, England (“Music TCHR”).

These are our Teacher Terms which govern your use of MusicTCHR and our Site.

You can find the meaning of defined terms (capitalised words) at the end of these Teacher Terms.

1. TEACHER MEMBERSHIP
   • All Membership applications for Teachers are subject to acceptance by Music TCHR at its sole discretion. Applicants shall receive a notification from Music TCHR once their Membership application has been accepted. Music TCHR is under no duty to disclose its reasons for rejecting any Membership application.
   • You are obliged to provide correct personal details when you apply for Membership. Your failure to do so will invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Music TCHR promptly in the event that any information provided by you in connection with your Membership changes. By applying for MusicTCHR Membership, you are making an offer to Music TCHR which, once accepted by us, will result in a legally binding contract.
   • Your Membership is personal to you. You are responsible for ensuring that no one else uses your Membership.
   • Access to and use of your Membership is through a combination of email address and password. You are solely responsible for maintaining the confidentiality of your password and you agree to notify Music TCHR immediately if you believe that there has been any breach of security, including the unauthorised use of your emails and password.
   • Music TCHR reserves the absolute right to cancel or suspend your Membership where it has reason to do so without liability to you.
   • We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the Music TCHR privacy notice, further details of which can be found here, and in the Data Sharing Agreement, below.

 

2. SUPPLY OF SERVICES
   • Music TCHR shall supply the Services to the Teacher during the Membership, subject to any additional terms of supply, including promotion by us from time to time of Teachers offering six of more block sessions of Teacher Content at a discount of at least 10% of the standard single lesson Price.
   • Music TCHR shall have the right to make any changes to the Services and Music TCHR may notify its Membership in any such event.
   • Your use of MusicTCHR may be monitored for security, dispute resolution and quality control purposes.
   • From time to time we may offer Paid For Events and additional services on MusicTCHR. The terms and conditions for access to Paid For Events and additional services shall be in addition to these Teacher Terms.
   • Music TCHR shall provide the Services using reasonable care and skill, as far as reasonably possible. Our Services may be interrupted, including for maintenance, upgrades or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

 

3. FACILITATING REQUESTS, FEES AND PAYMENT
   • You are responsible for providing a Student with Teacher Content pursuant to a Request from time to time. Music TCHR may communicate with a Student on your behalf from time to time, but it will usually be more appropriate for you to contact a Student directly.
   • You may impose your own terms on Students (or their Parent, where a Student is a minor) which, in each case, shall apply to the offer by you to supply music tuition pursuant to a Request.
   • You will set, and will agree with a Student, the Price for Teacher Content in responding to a Request on a Request by Request basis.
   • You agree that we may deduct a commission representing 12.5% of the Price in respect of each Request and pay to you the balance of the Price within seven days of the date that the Request is fulfilled by you.
   • You acknowledge and agree that payment of the Price shall be at the time of confirmation of a Request and that we shall not be liable to you for any monies between the date of payment of the Price and the date of our remitting the balance of the Price to you as set out in clause 3.4 above. No interest shall be payable by us on late payment of any balance to you.
   • If a payment due from you under these Teacher Terms is subject to tax (whether by way of direct assessment or withholding at its source), Music TCHR shall be entitled to receive from you such amounts as shall ensure that the net receipt, after tax, to Music TCHR in respect of the payment is the same as it would have been were the payment not subject to tax.

 

4. USING OUR SERVICES

4.1  You must use our Services according to our Terms and posted policies, including the Teacher Code of Conduct. If we disable your account for a violation of our Terms, you will not create another account without our written permission.

4.2  You agree to use our Services only for legal, authorized, and acceptable purposes. When you make use of MusicTCHR you must comply with our reasonable directions, including those relating to the protection of Students’ safety as amended from time to time and in accordance with these Teacher Terms. You will not use (or assist others in using) our Services in ways that: (a) violate or infringe the rights of Music TCHR, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.

4.3  Use of Music TCHR is entirely at your own risk and you must exercise complete caution at all times when dealing with Students and when entering into legally enforceable contracts by accepting a Request. You agree that you shall indemnify and hold harmless Music TCHR (and any Student as the case may be) on demand, and shall keep Music TCHR (and any Student) fully and effectively indemnified against any and all claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses arising out of or in connection with:

4.3.1 any breach of these Teacher Terms or breach of obligation or warranty by you, the Teacher or the acts or omissions of you (other than and to the extent that any losses arise directly from breach of these Teacher Terms by Music TCHR or by Music TCHR’s negligence); and

4.3.2 any and all claims, complaints or legal proceedings instigated by a Student against Music TCHR relating to Teacher Content provided by you in response to a Request.

4.4  You agree:

4.4.1 to assume all responsibility for your role as a music teacher in fulfilling Requests and for the provision of Teacher Content to a Student, which includes the preparation and content of your music lessons; and

4.4.2  not to provide Teacher Content to a Student other than via our Services; and

4.4.3  to act at all times in accordance with the highest professional standards and not to act in any way which could bring the Services into disrepute; and

4.4.4  to only accept Requests within your area of expertise, and that are within your abilities and competency;

4.4.5  to use Music TCHR’s song writing course materials (Content) for any Teacher Content involving song writing and to offer the same at the price and commission payment to us as set by us from time to time; and

4.4.6  to notify a Student immediately should you become ill or otherwise incapable and unable to fulfil a Request.

If you don’t attend an arranged lesson without having cancelled it, or if you repeatedly cancel lessons, we may end this Agreement between you and Music TCHR.

4.5  As a Teacher, you hereby warrant, represent and undertake to Music TCHR that:

4.5.1 you are at least eighteen (18) years of age and you have the necessary qualification or experience to provide Teacher Content;

4.5.2 you are personally responsible for the information posted by you on MusicTCHR and submitted to Music TCHR which includes any pre contractual information, and which shall be accurate and up-to-date;

4.5.3 you are self-employed and responsible for your own income tax, national insurance and all other national and local tax and other liabilities;

4.5.5 you will only ever contact a Student via MusicTCHR;

4.5.6 you agree at all times to comply with the applicable Data Protection Law and the provisions of the Data Sharing Agreement;

4.5.7 in providing or offering Teacher Content via MusicTCHR and using our Services, you are complying with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;

4.5.8 you are not prevented from working with children and your name does not appear in either of three lists of individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and List 99).

4.6  You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Music TCHR, our Services, or systems. For example, you must not (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner.

4.6  We own all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights to and associated with our Services. You may not use, modify, copy, distribute, adapt, alter, or in any way deal with, without our written permission our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission.

4.7  You acknowledge that all intellectual property rights in and relating to our Services and the Site are owned by Music TCHR or Music TCHR’s licensors.

4.8  You may not use any Content for any purpose other than as part of delivering Teacher Content without our prior written approval, including:

(i) downloading or printing any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of Content; nor

(ii) reproducing, republishing, modifying, archiving, distributing, storing, or commercially exploiting Content without our prior written consent.

 

 

5. LIMITATION OF LIABILITY & INDEMNITIES
   • If Music TCHR's performance of any of its obligations under these Teacher Terms is prevented or delayed by any act or omission by you or a Student and/or failure by you or a Student to perform any relevant obligation (Member Default):
     • Music TCHR shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Member Default has been remedied to its satisfaction, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays Music TCHR's performance of any of its obligations;
     • Music TCHR shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Music TCHR's failure or delay to perform any of its obligations arising from the Member Default; and
     • You shall reimburse Music TCHR on written demand for any costs or losses sustained or incurred by Music TCHR arising directly or indirectly from the Member Default.
   • Nothing in these Teacher Terms shall limit or exclude Music TCHR's liability for:
     • death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
     • fraud or fraudulent misrepresentation; or
     • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
   • Subject to clause 5.2:
     • Music TCHR shall not be liable to a Teacher, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership; and
     • Music TCHR's total liability to a Teacher in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £1.

 

• Your contract for the supply of Teacher Content is made with the relevant Student only. Music TCHR acts as your agent, subject to the limitations of liability set out in the Terms.
• You acknowledge that any contract entered into by you with a Student is an independent contract. Subject to clause 5.2, Music TCHR hereby disclaims any and all liability for any of your acts or omissions or any loss incurred by you as a result of any act or omission of a Student whether or not arranged through the Music TCHR and Music TCHR shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or from any Member Default.
• Music TCHR shall not be liable to you or be deemed to be in breach of these Teacher Terms by reason of any delay in performing, or any failure to perform, any of Music TCHR's obligations in relation to the Services, if the delay or failure was due to any cause beyond Music TCHR's reasonable control.
• Except as expressly set out in these Teacher Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Teacher Terms.
• Data Protection Losses. Liability as between you and Music TCHR is limited to actual damage suffered. For greater clarity, each party assumes full liability for any Data Protection Losses arising out of their processing activities as a Controller. Each Party shall be liable to the data subject for any material or non-material damages that Party causes the data subject arising from any breach of Data Protection Law or obligation under the Data Sharing Agreement. This is without prejudice to each Party’s liability under Data Protection Law. Music TCHR’s liability for any Data Protection Losses arising out of or in connection with any Joint Processing Activity shall be limited to those arising out of breach of its Data Protection Law obligations as outlined in the Data Sharing Agreement.

 

INDEMNITIES

• You shall indemnify Music TCHR against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Music TCHR arising out of or in connection with:

5.9.1  any breach of your obligations under Data Protection Law or the Data Sharing Agreement and any complaint concerning the processing of personal data (e.g. unresolved Data Subject Access Requests); and

5.9.2 any claim made against Music TCHR for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with a claim by any third party including a Student that Teacher Content provided by you infringe its rights; and

5.9.3  any breach of these Teacher Terms or breach of obligation or warranty by you or your acts or omissions (other than and to the extent that any losses arise directly from breach of these Teacher Terms by Music TCHR or by Music TCHR’s negligence); and

5.9.4  any and all claims, complaints or legal proceedings instigated by a Student against Music TCHR relating to Teacher Content.

 

• If any third party makes a claim, or notifies an intention to make a claim, against Music TCHR which may reasonably be considered likely to give rise to a liability under the indemnity set out in clause 5.8, (a “Claim”), Music TCHR shall:

5.10.1 as soon as reasonably practicable, give written notice of the Claim to you, specifying the nature of the Claim in reasonable detail;

5.10.2 not make any admission of liability, agreement or compromise in relation to the Claim without your prior written consent (such consent not to be unreasonably conditioned, withheld or delayed) , provided that Music TCHR may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to you, but without obtaining your consent) if Music TCHR reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;

5.10.3 give you and your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of Music TCHR, so as to enable you and your professional advisers to examine them and to take copies (at your expense) for the purpose of assessing the Claim; and

5.10.4 you shall give Music TCHR sole authority to avoid, dispute, compromise or defend the Claim.

• The Parties agree that if one Party is held jointly and severally liable for a breach of the data protection provisions of these Teacher Terms or for breach of Data Protection Law, it is entitled to claim back as indemnification that part of the liability that corresponds to the other Party’s part of responsibility.
• This clause 5 shall survive termination of these Teacher Terms.

 

6. COMMENCEMENT AND TERMINATION
   • These Teacher Terms shall take effect and be binding upon the Teacher and Music Teacher Ltd. upon acceptance by Music TCHR of your Membership application. These Teacher Terms shall be applicable for the duration of your Membership and shall only cease to have effect upon the expiry or termination of your Membership. You agree that your only rights and remedies under these Teacher Terms shall be against Music Teacher Ltd. and no other entity or person.

 

7. GENERAL
   • Privacy and Data Protection

The Services and your Membership are subject to the Music TCHR privacy notice and the Data Sharing Agreement incorporated into these Teacher Terms by reference and set out at the following web address: Privacy & Cookie Policy which shall apply at all times in relation to any personal data that we collect from you.

• You acknowledge and agree that MusicTCHR and Teacher are Joint Controllers with respect to any personal data they process in connection with any Joint Processing Activity, and separate Controllers for any personal data they process outside of the Joint Processing Activity.
• MusicTCHR and Teacher each undertake to comply in all material ways with their respective obligations under Data Protection Law and shall fulfil their roles and responsibilities as set out in the Data Sharing Agreement and undertake to ensure that anyone acting on their behalf also complies.

 

MusicTCHR undertakes to treat personal data it processes about you with due care and in accordance with the MusicTCHR Privacy Notice, which can be found on at Privacy & Cookie Policy.

 

• Assignment and subcontracting
  • Music TCHR may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Teacher Terms and may subcontract or delegate in any manner any or all of its obligations under these Teacher Terms to any third party or agent.
  • You shall not, without the prior written consent of Music TCHR, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Teacher Terms.
• Waiver
  • A waiver of any right under these Teacher Terms is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Teacher Terms or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
  • Unless specifically provided otherwise, rights arising under these Teacher Terms are cumulative and do not exclude rights provided by law.
• Severance
  • If a court or any other competent authority finds that any provision of these Teacher Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Teacher Terms shall not be affected.
  • If any invalid, unenforceable or illegal provision of these Teacher Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

 

• Variation

Music TCHR may vary these Teacher Terms from time to time and will notify you of any changes in a timely manner by posting an update on MusicTCHR or other notification from info@musictchr.com. Your continued use of your Membership constitutes acceptance of such variations to these Teacher Terms.

• No partnership

Nothing in these Teacher Terms is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

• Third parties

A person who is not a party to these Teacher Terms shall not have any rights under or in connection with it.

• Governing law and jurisdiction

These Teacher Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

_________________

DEFINITIONS AND INTERPRETATION

In these Teacher Terms, the following definitions apply:

Content means Music TCHR song writing content provided to you as part of Teacher Content;

Controller, Data Importer, Data Exporter, Data Subject, Data Subject Rights (DSRs), Joint Controller, Personal Data, Personal Data Breach, Processor, or Profiling, shall have the respective meanings given to them in Data Protection Law (and related expressions, including process, processed, processing and processes shall be construed accordingly);

Data Protection Law means the UK Data Protection Act 2018 (“DPA 2018”), the UK GDPR as defined in DPA 2018 and related laws or regulations (collectively, the “UK GDPR”), the Privacy and Electronic Communications Regulations (EC Directive) 2003 (“PECR”) and any related data protection or privacy laws that may apply to either or both of the parties as amended from time to time. References to GDPR provisions shall be read to reference the equivalent UK GDPR provision, as amended;

Data Protection Losses means all liabilities including costs, settlements, and to the extent permitted by law, administrative fines, sanctions, remedies, liabilities or compensation ordered to be paid to a Data Subject, and reasonable costs of compliance with investigations;

Joint Processing Activity refers to processing of personal data to deliver Teacher Content, including to collect Fees and Registrations, administer accounts, facilitate and support interactions between Teacher, Students and Parents, and gather analytics data on Platform usage. It excludes activity by either Teacher or MusicTCHR that occurs prior to, subsequent to, or outside of the Joint Processing Activity, such as lead-generation, downloading, sharing or posting on social media or elsewhere Teacher Content (including video recordings by a Teacher) and storing for personal or professional use on social media or in promotional material, Site build, design, “look and feel”, ,  etc.;

Membership means membership of MusicTCHR either as a Student, a Parent or a Teacher as the case may be;

MusicTCHR means the platform and associated services available via the login portal at https://musictchr.crovv.com/login;

Paid For Events means unique events (such as live performances, masterclasses or similar) made available from time to time to our Membership via our Services access for which is subject to separate terms and conditions and the payment of a separate fee;

Parent means the birth parent of a person under the age of 18 and includes a guardian or other person having legal authority to consent on behalf of a person under the age of 18;

Price means the price a Teacher agrees with a Student to provide Teacher Content in response to a Request, to be determined on a Request by Request basis;

Request means a request placed by a Student directly with a Teacher to book Teacher Content via MusicTCHR, the supply of which Music TCHR has facilitated on the Student's and the Teacher’s behalf;

Services means access to MusicTCHR, and services provided by Music Teacher Ltd.;

Student means a person accepted to and registered as a student user of MusicTCHR;

Teacher means “you” and who is a provider of Teacher Content made available via MusicTCHR to a Student and with whom a Student contracts directly for Teacher Content;

Teacher Content means the music tuition and associated services provided by a Teacher via our Services;

Teacher Terms these terms and conditions as amended from time to time in accordance with clause 7.5;

Terms means these Teacher Terms and all other terms and conditions governing the use of our Services;

Site means the website located at http://musictchr.com

 

 

MUSIC TCHR-TEACHER DATA SHARING AGREEMENT

 

This Music TCHR-Teacher Data Sharing Agreement (Data Sharing Agreement) forms part of the Teacher Terms between Music TCHR and the Teacher (Parties). Any capitalised terms not otherwise defined in this Data Sharing Agreement shall have the meaning provided in the Teacher Terms. In the event of a conflict between the Teacher Terms and this Data Sharing Agreement, this Data Sharing Agreement will prevail.

 

1. This Data Sharing Agreement applies to any personal data processed in connection with the Joint Processing Activity and sets out the respective Data Protection Law compliance obligations of the Parties as required under Art. 26, GDPR. It also applies to the sharing of personal data between the Parties when they act as Controllers outside of the Joint Processing Activity.

 

2. You undertake to keep confidential any personal data we share with you or that you receive directly from Students via our Site or in connection with the Services. You agree to process such personal data in accordance with the Terms and requirements of this Data Sharing Agreement.

 

3. Rationale for sharing: MusicTCHR is a platform for Teachers, Students and associates and interested parties to connect, teach, learn and socialise. It allows Students, Teachers (and Parents on their behalf as applicable) to share content, views, reviews and news (within the terms of conduct for all Members) on music and music-related content and matters to further the enjoyment and development of all Members.

 

4. The Parties need to process and share the personal data for the following purposes:

 

• Joint Processing Activity purposes and lawful bases:

 

	Personal Data Elements	Purpose(s)	Lawful Basis (Arts. 5(1)(a) and 6, GDPR)
(i)	Student and Parents names, contact details, registration information and Request details.	Register Students and fulfil Requests. Music TCHR will make available names and Request details through the Site.	Contractual Necessity
(ii)	Student age and age-verification details; consents / opt-outs, preferences, and data protection-related queries or complaints.	Verify age, obtain and document consents or opt-outs, including verified parental consents, cookie consents, and newsletter or marketing opt-ins, as applicable. These will be available for you upon request.	Legal Obligation (Arts. 7 – 8, 12-15 and 21, GDPR; PECR)
(ii)	Payment transaction confirmation.	Collect fees, process payments and fulfil payment to you. We do not have access to underlying payment card details as these are processed by Stripe on our behalf.	Contractual Necessity
(iii)	Contact details and content of complaints, queries or complaints related to the Site.	Receive and respond to queries and complaints. Process and deliver feedback to Teacher.   By default, we will share this data with you in anonymised form unless there is a reasonable justification and lawful basis for you to identify the individual (e.g. to resolve a specific complaint).	Contractual Necessity (complaint handling and sharing)   Legitimate Interests (for Feedback, to improve the Offerings)
(iv)	Teacher/Student Content, including video, images, voice recordings, chats, and user-generated content.	To deliver and support the Services and Requests.	Contractual Necessity
(v)	User-generated content, Site usage data or personal data generated, observed or otherwise processed in the context of delivering the services through the Site or monitoring social media posts referencing Music TCHR or Teacher Content.	Moderate content and acceptable use of MusicTCHR and the Site and Services. Detect, prevent and mitigate fraud and cybersecurity risks. Maintain and administer MusicTCHR and the Site (e.g. debugging, trouble-shooting).	Legitimate Interests
(vi)	Student or Parent name, contact details, content of and response to DSR request.	Facilitate, respond to and document DSRs, including requests for privacy information. Self-serve functionality may be provided in the Site.	Legal Obligation (Arts. 15-23, GDPR; Sec. 15 and Sch. II DPA 2018)
(vii)	Site analytics data as described in Music TCHR Privacy Notices and cookie widget. Complaint, Feedback, query and Registration Data analytics.	To optimise MusicTCHR and the Site and delivery of Services, improve Student and Parent user experience, and troubleshoot Site issues. To establish and measure Teacher Content and share aggregated data with you for your own analyses or reports, but not for individual decision-making or measures.  We will generally collect and you will generally receive these data in aggregated, form without identifying information that could be linked to individual Students or Parents.	Consent of Site Users to capture analytics data (PECR).    Legitimate Interests to generate and share analytics (Arts. 5(1)(b), 6(4), 89(1), GDPR; Sec. 19, DPA 2018).
(viii)	Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic or biometric data for uniquely identifying individuals, health data or data concerning sex life or sexual orientation (Special Category Data (Art. 9, GDPR)).	We do not actively seek to process Special Category Data, however Students or Parents may elect to do so, e.g. in a lesson that is recorded. Each Party undertakes to obtain and document Explicit Consent (or an applicable exception) before sharing, posting or further processing Teacher Content or Student Content containing Special Category Data.	Explicit Consent (Art. 9(2)(a), GDPR) or   Manifestly made public by the data subject (Art. 9(2)(e), GDPR).

 

• Purpose limitation (Arts. 5(1)(b), GDPR): You undertake not to process the Student or Parent personal data we share for purposes other than those specified in Clause 3 and the Student / Parent Privacy Notice https://community.musictchr.com/login, as amended from time to time (Re-purpose or Re-purposing), unless we have provided our prior written consent and one of the following exceptions applies:

 

1. The Re-purposing is required by law;
2. The Re-purposing is permitted under an exception and you can demonstrate the exception applies (e.g. under Arts. 5(1)(b) or 6(4), GDPR); or

• the data subject concerned has specifically consented to the Re-purposing after you have provided the privacy information prescribed in Arts. 12-14, GDPR (Privacy Notice).

 

You acknowledge that you act as a Controller in any of the above cases unless we have expressly agreed the Re-purposing is a Joint Processing Activity. You undertake to comply with your Controller Responsibilities as set out in Clause 6 for such processing activities.  

 

5. Data minimisation and Data Protection by Default (Arts. 5(1)(c) and 25(2), GDPR). The Parties shall only process personal data that is adequate, relevant and limited to what is necessary for the processing purposes.

 

• Limited sharing. You acknowledge and agree that Music TCHR, as operator of MusicTCHR and the Site, will process most of the personal data items necessary for the Joint Processing Activity and for the lawful bases specified in the Terms, and will only share with you the personal data necessary for your specific purposes.
• Aggregated or de-identified data as the default. We will generally collect and you will generally receive data we process for analytics and statistics purposes in aggregated form or without identifying information (collectively, De-Identified Data) that could be linked to individual Students, Parents or other users to comply with Arts. 5(1)(b) and 89(1), GDPR and Sec. 19, DPA 2018.
• You undertake not to use De-Identified Data to make decisions or take measures related to individual Students or Parents. You acknowledge that it is an offence under Sec. 171 of the DPA 2018 to re-identify De-identified Data without our permission and you undertake not to make any attempts to re-identify De-Identified Data we share with you.

 

6. Controller Responsibilities. You are solely responsible for complying with all applicable Data Protection Law obligations, including ensuring you have consent (including verified parental consent if required) or another lawful basis; providing a valid Privacy Notice; assessing and mitigating risks and facilitating DSRs.

 

• Your responsibilities as a Controller. You acknowledge it is your sole responsibility to ensure your processing of this personal data as a Controller materially complies with all Data Protection Law obligations, including obtaining and documenting any necessary consents (including verified parental consents) or establishing an appropriate alternative lawful basis; providing privacy information required under Arts. 12 and 14, GDPR; responding to and fulfilling DSRs; undertaking any assessments such as Data Protection Impact Assessments, and implementing appropriate technical and organisational measures to protect the personal data.

 

• Our responsibilities as a Controller. We undertake to comply in all material ways with our Data Protection Law obligations with respect to any personal data we receive from you (for example in Teacher Content) that we process as a Controller. We will use it as described in the Terms and in our privacy notices at https://musictchr.com/pages/teachers-privacy-notice. This includes, but is not limited to, displaying advertising with or in connection with your Teacher Content about MusicTCHR and the Site and our Services on various channels, subject to us first obtaining your prior express approval. You acknowledge and agree that Music TCHR has no payment or other obligation to you, subject to Data Protection Law obligations, in connection with any advertising displayed on or in connection with our site. Please remember that third parties (including Users) may search for and see any Teacher Content you submit to public areas of our Site.

 

7. Our respective Responsibilities as Joint Controllers. Each Party acknowledges and undertakes to fulfil their respective Data Protection Law obligations applicable to any Joint Processing Activity as outlined in the table below:

 

	Category	Music TCHR	Teacher User
(a)	Privacy Notice (Arts. 12-15, GDPR) and consent capture (Arts. 6-8, GDPR; PECR)	Draft, update, deliver, and document Student/Parent Privacy Notices and respond to data protection queries. Verify User age and identity where required for new members to the site (i.e. not those invited by a Teacher Member); capture consents (including verified parental consent), opt-outs, marketing and cookie preferences.	Verify age and, where required, obtain parental consent for Students under-13 that Teacher invites onto the Site, and attest to same. It is your responsibility to ensure you have adequately verified the age and obtained the necessary consents.   Maintain awareness of the content of Privacy Notices. Use the notice and consent capture tools we provide, without modification.   Provide just-in-time privacy information highlighting key information, e.g. where you plan to record Content involving Student Personal Data; cautioning Students against sharing Special Category Data.
(b)	DSRs (Arts. 15-22, GDPR; Sec. Sec. 15 and Sch. II DPA 2018 and Complaints	Assume overall responsibility for facilitating and responding to DSRs, data protection complaints, and regulatory investigations or questions from the Information Commissioner’s Office (ICO).	Cooperating with and assisting us in responding to DSRs involving Student or Parent personal data under your control or devices or which you have shared (e.g. on social media) in a timely manner. Promptly referring any DSRs or ICO inquiries to Music TCHR for response.
(c)	Record-keeping and assessments	Maintain Record of Processing Activities (Art. 30, GDPR). Conduct and document Legitimate Interests Assessments and Data Protection Impact Assessments (Art. 35, GDPR) where required; tracking and documenting consents and preferences.	Use the consent capture / preference-management tools we provide and respect Student or Parent choices.
(d)	Site security, optimisation, fraud detection and breach response	Implement appropriate technical and organisational measures to protect personal data processed in connection with MusicTCHR and the Site in light of the risks to individuals and ensure we are able to detect and respond to potential personal data breaches in a timely manner. Proactively identify and address possible fraudulent use of MusicTCHR and the Site or bugs that may impact Site performance.      MusicTCHR will lead the breach response, including any public communication or reporting to ICO of any suspected breach.	Implement appropriate security measures to ensure you securely access MusicTCHR and the Site and that software you use to create and upload or link to Teacher Content to MusicTCHR and the Site is secure and free of security threats (e.g. malware, viruses). Inform us without undue delay via email to privacy@Music TCHR.com and no later than 24 hours from when you suspect a possible breach, e.g. compromised credentials or a lost device containing Teacher Content with Student or Parent personal data. Refrain from public comment on suspected breaches and allow us to lead the response and reporting. Immediately refer any ICO or Student/Parent queries to us for response.
(e)	Vendor-management (Art. 28, GDPR)	Procure and review for GDPR compliance processors and software integrations that provide functionality to support Joint Processing Activities. Sign and keep records of data processing agreements and manage vendor relationships (Art. 28, GDPR).	Only use approved vendors and software integrations for any Joint Processing Activity on or related to MusicTCHR and the Site or Request fulfilment. You may wish to propose new ones or additional functionality for our consideration. You authorise us to sign data processing agreements with processors we select to support any Joint Processing Activities.
(f)	International Transfers (Arts. 44-50, GDPR;	Ensure any personal data transferred outside the UK or EEA meets international transfer requirements and adequate safeguards are implemented.	Where required, sign or authorise us to sign on your behalf Standard Contractual Clauses required to permit certain international transfers.
(g)	Accuracy, data quality	Implement measures to ensure personal data we receive from Students or Parents is accurate, complete and up to date.	Exercise diligence to ensure you maintain the accuracy of any Student or Parent personal data you process in delivering the Request (e.g. using the correct name and pronunciation).
(h)	Data retention	Store and retain personal data related to or derived from Services or Teacher Content that is under our control for as long as necessary for the purposes and in line with what we have said in our Student / Parent Privacy Notice. Securely dispose of it at the end of the retention period.	Only retain personal data in Teacher Content or obtained in connection with MusicTCHR and the Site for as long as reasonably necessary for the purposes and in line with what we have said in our Student User Privacy Notice. Securely dispose of it at the end of the retention period.
(i)	Data de-identification	Implement measures to de-identify or aggregate personal data or avoid capturing identifiable data where it is not necessary to identify individuals, in particular for statistics and analytics purposes.	Refrain from requesting identifiable data unless it is necessary or making attempts to re-identify De-Identified Data.
(j)	General	Provide guidance, tools and Site functionality to facilitate compliance by the Parties with our respective Data Protection Law obligations for any Joint Processing Activity, including with respect to the Age-Appropriate Design Code.	Review and use guidance, scripts, tools and Site functionality we provide to ensure you comply with your Data Protection Law obligations in connection with any Joint Processing Activities.

 

8. Notices and registration information. Direct all queries or notices related to this Data Sharing Agreement to our Privacy Lead at privacy@musictchr.com. We are registered as a Controller with the ICO under registration number ZB040412.