Privacy policy

Last updated: March 2, 2026

Kala-X Technology Pty Ltd (trading as Poema Songs) (“Poema Songs,” “we,” “us,” or “our”) operates this website and online store and is the data controller responsible for the personal information described in this Privacy Policy.

We provide the online store and personalized song-creation experience (the “Services”), together with related content, features, tools, products, and services. Our store is hosted by Shopify, which provides the ecommerce infrastructure that enables us to deliver the Services to you.

This Privacy Policy explains what personal information we collect, how we use it, how we share it, and your rights and choices when you visit, use, or make a purchase through the Services, or otherwise communicate with us.

If this Privacy Policy conflicts with our Terms of Service, this Privacy Policy governs with respect to the collection, processing, and disclosure of personal information.

By using the Services, you acknowledge that your personal information will be handled in accordance with this Privacy Policy.

1. PERSONAL INFORMATION WE COLLECT OR PROCESS

When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:

  • Contact details including your name, address, billing address, shipping address, phone number, and email address.
  • Financial information including credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, form of payment, payment confirmation and other payment details.
  • Account information including your username, password, security questions, preferences and settings.
  • Transaction information including the items you view, put in your cart, add to your wish list, or purchase, return, exchange or cancel and your past transactions.
  • Communications with us including the information you include in communications with us, for example, when sending a customer support inquiry.
  • Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
  • Usage information including information regarding your interaction with the Services, including how and when you interact with or navigate the Services.
  • Questionnaire responses for song creation, which include the details you choose to provide—such as recipient name, relationship, occasion, stories, memories, emotions, and musical preferences. These responses are used only to generate your personalized lyrics, preview, and full song. We do not sell, rent, or share questionnaire responses with third parties for advertising, and we do not allow questionnaire content to be used to train external AI models.

2. PERSONAL INFORMATION SOURCES

We may collect personal information from the following sources:

  • Directly from you including when you create an account, visit or use the Services, communicate with us, or otherwise provide us with your personal information;
  • Automatically through the Services including from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies;
  • From our service providers including when we engage them to enable certain technology and when they collect or process your personal information on our behalf;
  • From our partners or other third parties.

3. HOW WE USE YOUR PERSONAL INFORMATION

Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:

  • Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfil your orders, to remember your preferences and items you are interested in, to send notifications to you related to your account, to process purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, to facilitate any returns and exchanges, to enable you to post reviews, and to create a customized shopping experience for you, such as recommending products related to your purchases. We use information you provide in the song questionnaire to generate personalized lyrics, melodies, previews, and final audio. This processing is performed using AI technology as described in Section 3.1. Your questionnaire responses are not used to train external AI models and are handled in accordance with this Privacy Policy. We also use information to better tailor and improve the Services over time.
  • Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously have purchased or added to your cart and other activity on the Services.
  • Security and Fraud Prevention. We use your personal information to authenticate your account, to provide a secure payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and to secure our services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password or other access details with anyone else.
  • Communicating with You. We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you.
  • Legal Reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.

3.1 AI PROCESSING (LYRICS, MELODY, AND AUDIO GENERATION)
To create your personalized song, we securely transmit your questionnaire responses to selected third-party artificial intelligence service providers that specialize in music and language generation.

Kala-X Technology Pty Ltd (trading as Poema Songs) acts as the data controller for this processing. Our AI providers act as data processors and process your information solely on our instructions and in accordance with contractual safeguards.

Your questionnaire responses are processed only for the purpose of generating the creative output you requested, including:

• draft lyrics
• melody generation
• preview segments
• full-length song audio

We do not permit AI providers to use your questionnaire content to train, fine-tune, or improve their models. We only engage providers that either:

(a) do not train on user inputs; or
(b) allow us to contractually disable training for all user-submitted content.

We do not sell, rent, or share questionnaire content for advertising purposes.

Some AI providers may process data in jurisdictions outside your country of residence. Where required by law, we implement appropriate safeguards for international transfers, such as contractual protections and recognized transfer mechanisms.

Your content is processed automatically to generate the requested creative output. However, we do not use automated decision-making that produces legal or similarly significant effects concerning you.

We implement reasonable technical and organizational measures to ensure your personal information is handled securely during this process.

4. INFORMATION FOR SONG CREATION (QUESTIONNAIRES)

We collect your questionnaire responses solely to create your personalized song, including lyrics, melodies, previews, and final audio. You choose what information to provide. We do not sell or share your questionnaire responses for third-party advertising, and we do not allow these responses to be used to train external AI models.

We may retain anonymized or aggregated data that does not identify you, for service improvement and analytics (e.g., “which occasions are most popular”), but this data cannot be linked back to you or your story.

5. HOW WE DISCLOSE PERSONAL INFORMATION

In certain circumstances, we may disclose your personal information to third parties for legitimate business purposes consistent with this Privacy Policy.

Such disclosures may include:

Service Providers (Processors)
With Shopify and other vendors who perform services on our behalf, such as IT management, hosting, payment processing, cloud storage, customer support, data analytics, fraud prevention, and fulfillment services. These service providers process personal information only on our instructions and in accordance with contractual safeguards.

AI Technology Providers
With selected artificial intelligence service providers that process questionnaire responses solely to generate your personalized song. These providers act as data processors and process information only on our instructions. They do not use your questionnaire content to train, fine-tune, or improve their models. We only engage providers that either do not train on user inputs or allow us to contractually disable such training.

Marketing and Advertising Partners
With business and marketing partners to provide marketing services and display advertising. For example, we may use Shopify and related services to support personalized advertising based on your interactions with our store and other merchants. These partners process information in accordance with their own privacy notices. Depending on your location, you may have the right to opt out of certain targeted advertising or data sharing activities.

At Your Direction or With Your Consent
When you direct us, request us, or otherwise consent to disclosure (for example, to ship physical products or through social media integrations).

Corporate Affiliates and Business Transfers
With our affiliates within our corporate group, or in connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of company assets.

Legal and Protection Purposes
To comply with applicable laws, respond to valid legal processes (such as subpoenas or court orders), enforce our Terms of Service or policies, or protect the rights, property, or safety of Poema Songs, our users, or others.

6. RELATIONSHIP WITH SHOPIFY

The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services may be transmitted to and shared with Shopify and certain third parties (which may be located outside your country of residence) to operate and improve the Services. We also use certain Shopify enhanced features that may incorporate data from your interactions with our store and other merchants. In these circumstances, Shopify is responsible for the processing of your personal information for those enhanced features, including responding to your requests to exercise your rights regarding that processing. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy. Depending on where you live, you may exercise certain rights with respect to your personal information here Shopify Privacy Portal Link.

7. THIRD PARTY WEBSITES AND LINKS

The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

8. CHILDREN'S DATA

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children under the age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

9. SECURITY AND RETENTION OF YOUR INFORMATION

Security

We implement reasonable technical and organizational safeguards designed to protect your personal information against unauthorized access, disclosure, alteration, or destruction. These measures may include encrypted transmission (e.g., HTTPS), secure cloud infrastructure, access controls, and restricted internal access to personal information on a need-to-know basis.

However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to protect your personal information, we cannot guarantee absolute security.

We recommend that you do not use unsecured channels to communicate sensitive or confidential information to us.

Retention

We retain personal information for as long as necessary to:

• Provide the Services and maintain your account;
• Generate and store your personalized song and related content;
• Fulfill contractual obligations;
• Comply with legal, tax, and accounting requirements;
• Prevent fraud and enforce our Terms;
• Resolve disputes.

Questionnaire responses and generated song content may be retained for operational, legal, and fraud-prevention purposes unless you request deletion where permitted by law.

If you request deletion of your personal information, we will take reasonable steps to delete or anonymize it, except where retention is required or permitted by law (for example, to comply with tax obligations or resolve disputes).

Please note that residual copies of information may remain in backup systems for a limited period consistent with standard data retention practices.

10. YOUR RIGHTS AND CHOICES

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

  • Right to Access / Know. You may have a right to request access to personal information that we hold about you.
  • Right to Delete. You may have a right to request that we delete personal information we maintain about you.
  • Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
  • Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
  • Managing Communication Preferences. We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. To learn more about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, you can visit https://privacy.shopify.com/en.

We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable laws, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

Additional Rights for EU/UK Users: If you are located in the European Economic Area (EEA) or the UK, you also have rights under GDPR/UK GDPR, including the right to object to processing based on legitimate interests, and the right to data portability. You may exercise these rights by contacting us at support@poemasongs.com or through Shopify’s Privacy Portal.

11. LEGAL BASES FOR PROCESSING (EU/UK USERS)

If you are located in the European Economic Area (EEA) or the UK, we only process your personal information when we have a legal basis:

  • Contract: to provide Services (e.g., creating your song).
  • Consent: where you agree (e.g., marketing emails).
  • Legal obligation: where required by law (e.g., tax).
  • Legitimate interests: to improve our Services, prevent fraud, ensure security, provided these do not override your rights.

12. COMPLAINTS

If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

13. INTERNATIONAL TRANSFERS

Please note that we may transfer, store and process your personal information outside the country you live in.

If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

14. CHANGES TO THIS PRIVACY POLICY

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

15. CONTACT

Questions? Email us at support@poemasongs.com
Operated by: Kala-X Technology Pty Ltd
ABN: 69 657 707 143 (ACN: 657 707 143)
Registered Office: Suite 1, 163 Canning Highway, East Fremantle WA 6158, Australia