Five AM
Legal

Privacy Policy

Last updated: 9 August 2026

This Privacy Policy explains how Five AM Limited (trading as Five AM) (“Five AM”, “we”, “us”, “our”), of 3 Railway Street, Newmarket, 1023, Auckland, New Zealand, collects, uses, discloses and protects personal information when you visit fiveam.music, 5am.to and related hosts, use artist sites or short links, contact us, submit music, use Fan Drop upload links, create or use an account, join a mailing list, or buy products through our store or an artist storefront we host. We handle personal information in accordance with the Privacy Act 2020 (New Zealand) and the Information Privacy Principles under that Act. Questions: hello@fiveam.music (mark your message “Privacy”).

1. Who we are

Five AM Limited is an independent music company based in Aotearoa New Zealand. For the purposes of the Privacy Act 2020, Five AM Limited is the agency that controls how personal information collected through the Services described below is used, except where an artist/client is independently deciding why and how fan data is used for their own marketing (in which case they may also be an agency in respect of that use). Our privacy contact is: hello@fiveam.music. Postal address: 3 Railway Street, Newmarket, 1023, Auckland, New Zealand.

2. Scope

This policy applies to personal information collected through our websites, short-link hosts (including 5am.to), online forms, Fan Drop upload pages, artist/staff portals, hosted artist sites (including custom domains), email, analytics beacons, and commerce checkouts we operate or host. It does not cover third-party websites or apps we link to (for example Spotify, Instagram, ticket vendors, or payment pages operated by Stripe or PayPal), which have their own privacy policies.

3. Personal information we collect

Depending on how you interact with us, we may collect:

  • Identity and contact details: name, email address, phone number, city/location you provide, and similar details.
  • Correspondence: messages, attachments and other content you send via contact forms, email or submit-music forms (including links to demos or profiles).
  • Account information: login credentials and profile details for staff, artists or other authorised users of secure areas.
  • Fan Drop submissions: name, email, consent records, optional notes, IP-derived security hashes, and photos/videos (and file metadata) you upload for a show or tour.
  • Audience / mailing list data: email and optional name, phone, city and signup source when you join a site or tour list.
  • Order and fulfilment information: billing and shipping name and address, order contents, amounts, currency, fulfilment and tracking status, and related notes. Payment card or wallet details are collected and processed by payment providers (for example Stripe or PayPal); we do not store full card numbers on our systems.
  • Technical and usage data: IP address, device/browser type, pages viewed, approximate location derived from IP, referring URLs, short-link clicks, and similar analytics or security logs (including marketing/event beacons on sites, bio links, EPKs, one-pagers and Fan Drop pages).
  • Security / bot-prevention data: where enabled, tokens and related signals from bot-prevention tools (such as reCAPTCHA) on forms and Fan Drop uploads.

We generally collect information directly from you. We may also receive information from payment, hosting, email delivery, analytics, storage, authentication or captcha providers acting on our behalf, and from publicly available sources where relevant (for example public artist profiles you point us to).

4. How we use personal information

We use personal information to:

  • operate, secure and improve the Services;
  • respond to enquiries and manage music submissions or business opportunities;
  • create and administer accounts, authenticate users, and send service messages (including password resets);
  • host and deliver Fan Drop submissions to the relevant artist/client, and to support, moderate and secure that feature;
  • run artist sites, short links, press pages and related analytics dashboards for artists/clients;
  • process, fulfil and support orders, including shipping, returns where applicable, fraud prevention and customer support;
  • send marketing or updates where you have opted in or where otherwise permitted by law (you can unsubscribe at any time);
  • comply with legal, accounting and regulatory obligations; and
  • establish, exercise or defend legal claims.

We only collect and use personal information for lawful purposes connected with our functions and activities, and only where the information is reasonably necessary for those purposes (Privacy Act 2020, IPPs 1–4).

5. Fan Drops and user-generated media

If you use a Fan Drop link, we process your contact details and media so the artist/client can review and use show content as described in the Terms of Service and the consent text shown at upload. Media is stored in private storage and made available to the artist/client through authenticated portals (and to Five AM for operation and support). Do not upload content that identifies others without appropriate rights or consent. Keep copies of anything you send.

6. Music submissions and demos

If you submit music, links or related materials, we will use that information to review and respond to your submission. Submitting material does not create any obligation on Five AM to reply, sign, release or commercially exploit your work. We treat submissions as confidential for review purposes, but please do not send sensitive personal information you do not want us to hold.

7. Artist sites, short links and analytics

When you visit an artist site we host, a bio link, EPK, one-pager or Fan Drop page, we (and the relevant artist/client) may receive analytics such as views, clicks and basic technical data. Artists/clients can see aggregated or listed audience and performance data in their portal. If you join a mailing list on an artist site, your details are stored for that artist’s audience list and may also be processed by Five AM as the platform provider.

8. Payments and store data

Online payments may be processed by Stripe, PayPal or other designated providers. Those providers may collect identity, payment and fraud-prevention information under their own privacy notices. We receive limited order and payment status information needed to fulfil purchases and provide support. Shipping addresses and order details are used to deliver products and communicate about orders.

9. Cookies and similar technologies

We use cookies and similar technologies as described in our Cookie Policy. These help the site function (including secure sessions), remember preferences, and understand usage. Where required by law for visitors from certain jurisdictions, we will obtain consent for non-essential cookies.

10. Sharing personal information

We do not sell your personal information. We may disclose personal information to:

  • Artists/clients whose tools you use (for example Fan Drop inbox contents, site audience signups, and analytics for their pages);
  • Service providers who process information on our instructions, such as website hosting and infrastructure, databases, authentication, file storage, payments, transactional email, analytics and bot protection;
  • Professional advisers (lawyers, accountants) where needed;
  • Delivery / logistics partners where needed to ship physical goods; and
  • Authorities where required or authorised by law, or to protect our rights, users or the public.

If we are involved in a merger, acquisition, financing or sale of assets, personal information may be transferred as part of that transaction, subject to appropriate confidentiality and privacy safeguards.

11. Overseas storage and transfers

Some of our providers store or process information outside New Zealand (including in Australia, the United States, the European Economic Area or other locations where those providers operate). Where personal information is disclosed overseas, we take reasonable steps consistent with the Privacy Act 2020 (including IPP 12) so that it is protected to a comparable standard, for example through contractual arrangements and provider security practices.

12. Retention

We keep personal information only as long as reasonably needed for the purposes set out in this policy, or as required by law (for example tax and transaction records). Form submissions, Fan Drop media, account records, audience lists and order history may be retained for operational, legal and accounting periods and then securely deleted or de-identified when no longer required. Artists/clients may delete Fan Drop submissions from their portal; residual backups may persist for a limited period.

13. Security

We take reasonable technical and organisational steps to protect personal information against loss, misuse and unauthorised access, modification or disclosure (including private storage and access controls for Fan Drop media). No method of transmission or storage is completely secure; if you believe your account or interaction with us has been compromised, contact us immediately.

14. Your rights

Under the Privacy Act 2020 you may request:

  • access to personal information we hold about you; and
  • correction of that information if it is inaccurate, incomplete or out of date.

You may also ask us to stop using your information for direct marketing. To exercise these rights, email hello@fiveam.music. We may need to verify your identity before responding. We will respond within the timeframes required by law. If your request relates mainly to an artist’s own mailing list or Fan Drop use, we may involve that artist/client where appropriate.

15. Children

Our Services are not directed at children under 16. We do not knowingly collect personal information from children under 16 without appropriate consent from a parent or guardian. Fan Drop and submission tools must not be used to upload content that exploits or endangers minors. If you believe we have collected such information, contact us and we will take appropriate steps.

16. Third-party links

Our Services may link to third-party sites and services. Their privacy practices are outside our control. Please review their policies before providing personal information to them.

17. Changes to this policy

We may update this Privacy Policy from time to time. The current version will be posted on this page with a revised “Last updated” date. Material changes may also be notified by email or a notice on the site where appropriate.

18. Contact and complaints

For privacy questions, access or correction requests, or complaints, contact:
hello@fiveam.music
Five AM Limited
3 Railway Street, Newmarket, 1023
Auckland, New Zealand

If you are not satisfied with our response, you may complain to the Office of the Privacy Commissioner (New Zealand): privacy.org.nz.