Privacy Policy

TUNED FM PRIVACY POLICY

Last Updated: August 23, 2022

TunedFM’s Privacy Policy provides complete details about how we collect, receive and use information about you when you register with TunedFM and create an account, or if you decide to simply listen to our channels without registering. It’s important that you fully understand your relationship with us because, if you reside anywhere in the world outside of the European Union or the European Economic Area (“EU/EEA”), you agree to the terms of this Privacy Policy by listening to TunedFM. If you reside in the EU/EEA, please review Section G carefully, in addition to the entire Privacy Policy, for information on specific options that apply to you.

We (and, sometimes, “us,” meaning TunedFM.com and its affiliate sites) receive information from and about you in three ways: (I) you provide it to us directly such as when you register, email us or participate in a promotion, (II) we receive it from all of the devices you use to access our channels and from websites and services you may use to connect to us, and (III) we receive it from collection technology such as beacons or cookies. TunedFM makes every effort to ensure that the information we collect about you cannot be used to identify you personally, nor can it be used to spam or target you for viruses or other types of malware.

A. Information Collected From Our Listeners

I. Information We Receive or Collect from You Directly

Required Registration Information. When you register with TunedFM, we request certain information including your email address, date of birth, gender and zip code, in addition to the password you must create (a “Registered Listener”). By registering with us you automatically subscribe to occasional TunedFM emails announcing new features, channels, and promotions. You may limit the number of emails you receive at any time by clicking the Manage your preferences link on any email you receive and then follwing the instructions provided, or you may opt-out of receiving emails from us entirely by clicking the Unsubscribe link on any email you receive or opening a ticket with our Help Desk.

Non-Registered Listeners. When you visit TunedFM and listen to our channels without registering with us, we and some third parties still collect certain non-personal information about you (a “Non-Registered Listener”). Non-Registered Listeners agree to our Terms and our Privacy Policy by listening to our channels. However, as with Registered Listeners, the information we collect cannot be used to identify you personally, nor can it be used to spam or target you for viruses or other types of malware.

Information Provided Voluntarily By You. TunedFM (or third parties acting on our behalf) also receives information about you (whether you are a Registered Listener or a Non-Registered Listener) whenever you voluntarily choose to email us, participate in a poll or survey, or respond to an advertisement appearing on our channels. For example, we collect information about you if you choose to submit music to us or open a ticket with our Help Desk.

Your Listening History. We also keep track of all Registered Listener’s listening activity including the channels you listen to, the 1- through 5-Star rating you make for songs, the songs you skip, the artists you ban, and how long you listen to our channels. In addition, we keep track of data necessary to create and maintain your “Favorite Channels” if you have chosen to create one.

Technical Information. We also may collect Registered Listeners and Non-Registered Listeners non-personally identifiable technical information through the use of log files on web and application servers that automatically create log files that can include your IP address, browser type, Internet service provider, date/time stamps, MAC address, file requested and other usage information and statistics.

Information about Your Devices. We may gather information about Registered Listeners’ and Non-Registered Listeners’ computers and browsers stored on our servers including Internet Protocol (IP) address, browser type and other related hardware or software information. If you access TunedFM from a mobile phone, tablet, automobile or other electronic device, we may collect and store information such as device type, operating system version and type, unique identifiers (such as Android Advertising ID, VIN, MAC address, and IDFA), carrier, and other related information for that device.

TunedFM makes every effort to ensure that the information we collect about you cannot be used to identify you personally, nor can it be used to spam or target you for viruses or other types of malware.

II. Information Collected from Third Parties

What is Third Party Information? TunedFM may collect or receive information about you from third parties (i.e., firms not directly owned by or affiliated with us, but with which we have a contractual relationship) and store it on our servers with other information we may have already collected or received from you. These third parties include (a) marketing companies and data providers that create, maintain and distribute professional marketing lists or segments, or maintain and distribute marketing or similar data, (b) firms that work with us to serve advertising by collecting and maintaining information on customers and who may provide TunedFM with information about those customers so that we can more effectively serve advertisements and marketing offers to you, (c) service firms that we hire to provide or make available advertising, features and functionality through the our channels or assist with email campaigns, and (d) social media websites (e.g., Facebook), applications or services that you use, or firms that interact on social media websites on our behalf through them, who we may permit to interact through TunedFM and who may provide helpful personalization or information unless you opt-out of sharing such information by using the controls available on these websites. TunedFM makes every effort to ensure that the information third parties may collect about you in the course of rendering services to us cannot be used to identify you personally, nor can it be used to spam or target you for viruses or other types of malware, nor will they share any such information with other third parties.

We also use Google Analytics Advertising Features to collect both Registered Listeners’ and Non-Registered Listeners’ information using Google advertising cookies and identifiers, in addition to information collected through standard Google Analytics implementation. TunedFM will never identify either Registered Listeners or Non-Registered Listeners or facilitate the merging of personally identifiable information with non-personally identifiable information collected through any Google advertising product or feature, nor will we disaggregate data that Google provides to us. For more information about Google Analytics and for instructions on how to opt-out, please visit https://tools.google.com/dlpage/gaoptout/.

TunedFM assumes no responsibility or liability in the event a partner or other unaffiliated entity collects, uses or shares any information about you in violation of its own privacy policy, our agreement with it or any other applicable laws, rules or regulations.

III. Information Collected from Technology

First-Party Cookies. TunedFM, like most Internet-based firms, uses different kinds of “cookies” to improve our service and to make your listening experience and use of our website more user-friendly. In general, a “first-party cookie” is a file written by our servers to your hard drive containing an alphanumeric identifier that we use to manage and report on your interaction with us. For both Registered Listeners and Non-Registered Listeners, the information we gather from first-party cookies is used entirely to improve our level of service and listening experience, track your return visits to our website and to our advertisers’ websites, authenticate you when you log-in, collect and aggregate statistical information about all of our listeners, manage multiple instances of our music listening service in a single browser and, finally, identify the date and time you visited our website, update your current IP address and identify the page or site that referred you to TunedFM.

A first-party cookie can be either a “session cookie” or a “persistent cookie.” Session cookies expire automatically when you close your browser, but persistent cookies remain on your hard drive for an extended period of time. You may control the use of persistent cookies through your browser’s tools or help sections, but your rejection of the use of first-party cookies may limit your full use and enjoyment of TunedFM.

Third-Party Cookies. “Third-party cookies” are placed on both Registered Listeners and Non-Registered Listeners hard drives by advertisers and our third-party advertising partners who deliver ads to you on our website. These firms use third-party cookies to collect information about you including the number of times that you have seen an ad, whether you interacted with it, and to provide you with interest-based ads. You may control the use of third-party cookies using your browser’s tools or help sections, but we have no access to or control over third-party cookies placed on your hard drive by advertisers or third-party advertising partners.

Beacons and Tracking Pixels. “Beacons” or “tracking pixels” are one-pixel by one-pixel images embedded on HTML content used by TunedFM or third-party advertising partners. The images are tiny (about the size of a period at the end of a sentence) and are used to transmit anonymous information to servers such as numeric count, unique identifier or IP address. We or our advertising partners use beacons and tracking pixels to manage content on our website to learn, for example, which emails you have opened (to understand the effectiveness of our communications and marketing campaigns delivered to you), and how many unique visitors have visited our website or specific music channels.

Local Storage. In certain circumstances, we may use “local storage” (i.e., HTML5 or flash local storage) to keep track of the song playing when your browser window intermittently reloads, and our advertisers and third-party advertising partners to detect your bandwidth speed for optimal video playback. Your browser implements HTML5 local storage under its own protocols, along with the ability to manage content stored within this local storage. You may review your browser’s privacy settings to manage the content stored in your HTML5 local storage. You may also manage content stored on your local flash storage by visiting Adobe.

B. How TunedFM Uses Listeners’ Collected Information

I. Information Collected by TunedFM

In General. In the case of Registered Listeners, we may use your registration information and other data we collect about you (or some combination of date and/or information we can extrapolate from the totality of date and/or information we gather about you) and use it as follows to: (a) create and facilitate your personal “account” with us so that you can seamlessly listen to music, (b) personalize or target advertising and other content to you so that the ads you see are relevant to you, (c) use tracking data and aggregate listener demographics to analyze and measure website and channel usage and patterns to continuously build and/or improve your listening experience, (d) send you information (including emails about our latest channels, developments and features, as well as information about support and maintenance activities) that you have previously agreed to receive, and (e) report listening information and pay royalties to rightsholder organizations (e.g., SoundExchange, BMI and ASCAP) who then pay artists and composers whose songs are played on TunedFM. In the case of Non-Registered Listeners, we only collect the information in subsections (b), (c) and (e), above, but any such information is non-personal and cannot be used in any way to identify you personally.

Your Email Address(es). TunedFM will never give or sell a Registered Listener’s email address to other companies or persons for their own marketing purposes. However, we may use your email address in the event that we need to inform you about technical issues, service updates or promotions that you have previously agreed to receive or to serve more relevant ads to you.

II. Information Collected by Third Parties

In General. TunedFM will never share your personally identifiable information with third parties other than to: (a) comply when you have clicked “yes” in response to a message that specifically provides that your email address or other information will be shared, (b) permit you to participate in forums, playlist creation, channel sharing, review or opinions or other forms of communication which you have elected to make public, (c) measure and analyze your use of TunedFM by us internally or by third-party firms to measure how long and how frequently you are using TunedFM so that our advertising partners can measure advertising effectiveness, provided that any such measurement does not require, nor do we provide, any personally identifiable information about you to such third-party firms. We also take all reasonable precautions to ensure that any third party that handles non-personally identifiable information we collect cannot identify you personally, nor can such information be used to spam or target you for viruses or other types of malware.

Your Personally Identifiable Information. TunedFM will never share a Registered Listener’s personally identifiable information with third parties other than as specifically set forth in the Policy. There are rare cases, however, where we may share personally identifiable information if we need to: (a) protect against fraud or facilitate risk management, (b) comply with the law, legal proceedings or court orders, (c) ensure the safety or security of TunedFM listeners, TunedFM or even members of the general public in extenuating or urgent circumstances, or (d) protect and defend TunedFM’s legal and contractual rights or the legal rights of our business or advertising partners or affiliates.

Your Device(s) Data. TunedFM may share information about the devices you use to listen to use with third-party vendors such as advertising partners or service providers. This information may be shared so that we can track advertising conversion events, cap ad frequency or mobile listening, estimate our number of unique listeners, detect fraudulent activity, debug our service and provide you with more relevant advertising. If you use an iOS-based device to access TunedFM and do not want to receive tailored-to-you ads, you may be able to limit them by enabling “Limit Ad Tracking” at https://support.apple.com/en-us/HT202074. Similarly, if you use an Android-based device and do not want to receive tailored-to-you ads, you may be able to limit them by visiting https://adssettings.google.com/authenticated.

Anonymized Aggregated Data. While our use of anonymized, non-personally identifiable information is not subject to restrictions under the Policy, TunedFM may use anonymized, non-personally identifiable information aggregated from your and other listeners’ personal information to share with third parties, advertising and business partners. This information may include de-identified demographic data, information about the devices from which TunedFM is accessed, de-identified location information, and information about the channels, artists, songs listened to, and the 1- through 5-star song ratings. We may use this information to analyze listening patterns or usage, improve your listening experience, and improve ad serving or other similar purposes.

TunedFM Feedback, Forums & Surveys. If you provide or post information, observations or opinions on any of our listener forums or participate in one of our surveys, any such information, observations or opinions can be read, collected and used by others who access them. You are entirely responsible for the content of them. In the event that you request such information to be removed from a forum, we will attempt to do so, but in certain cases TunedFM may be unable to remove this information.

Corporate Merger, Reorganization or Sale. In the event that TunedFM enters into a corporate merger, reorganization or sale, we may be required to share your data, including any personally identifiable information, with our successor in interest in accordance with the Transfer Assurances policy below.

Transfer Assurances. We will request that any potential recipients of onwardly transferred personally identifiable information must agree, prior to such transfer, to contractually protect your information with confidentiality and non-disclosure clauses, and to commit to the same or similar level of protection of your information as provided in this Policy.

C. Do Not Track for Advertising Settings

In General. Your web browser and other devices may enable you to opt out or control whether or not you want to receive relevant ads from advertisers on our site, or to opt out of third-party measurement and analytics. TunedFM does not currently respond to these opt-out preferences even if you have enabled them. Consequently, we and third parties will continue to collect personal information in accordance with the terms of this Policy.

California Residents. California law provides that California residents have the right to know how TunedFM responds to “Do Not Track” browser settings. Please see In General immediately above this section as it applies to California residents. However, as an industry standard evolves in this area, TunedFM may revise the Policy and accept such settings, at which time we will amend the Policy in accordance with Section H (Changes to the Privacy Policy) below. California law also provides that children under the age of 18 who reside in California have the right to delete any content posted to a website while under the age of 18. To request removal of any such content, please contact our Help Desk.

D. How TunedFM Manages Your Information

Registration Data. Registered Listeners may change or delete the information provided at any time. For detailed instructions on how to modify your registration data or to delete your account, visit TunedFM Support.

Retaining Your Registration Data and Other Information. TunedFM will use and retain Registered Listeners’ data and other information that we or third parties have collected while your account is active with us and afterward solely for the purposes set forth in this Policy so that we can provide the service, comply with our legal obligations, resolve disputes and enforce agreements with other firms and persons.

E. Children May Not Register

TunedFM does not permit children under 13 years of age (or under 16 years of age for children residing in the EU/EEA) to register and does not knowingly collect any personal information from them. If you are under the age of 13 (or under the age of 16 if you reside in the EU/EEA), please do not register with TunedFM. In the event that we learn affirmatively that we have obtained or collected information from or about children under 13 (or, where applicable, 16) years of age, we will use our best efforts to remove such information from our servers. If you are aware of any child under the age these age limits who have registered with us, please contact our Support Team by emailing them at [email protected]

F. Data Integrity, Protection and Links to Other Websites

Data Integrity. No Registered Listener’s personally identifiable information will ever be used by us for purposes not specifically outlined in this Policy. We will take all reasonable measures to ensure that all of your personally identifiable information collected, processed or stored is protected from corruption, misuse or destruction and is always used solely for the purpose it was collected.

Other Websites’ Links. Some ads on our website may include links to other websites that we do not control and whose privacy policies may be more lenient than those outlined in this Policy. If you submit personal information to these websites, the privacy statements and/or terms and policies of these websites will control their use of your personal information. You are encouraged to familiarize yourself with the policies of any website you visit.

G. Listeners Residing in the EU/EEA

In General. If you reside in the EU/EEA, you have data protection options that you can exercise regarding the protection of your personal information, including the right to prohibit TunedFM (and the third parties that work with us to collect information like Google Analytics and AdsWizz) from collecting information about you, the right to request (i) access to personal data that we collect about you, (ii) that we amend or update your personal information if it is inaccurate or incomplete, (iii) deletion of your personal information, (iv) that we cease collection your personal information on grounds relating to your personal situation, and (v) a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service. You may still access and listen to TunedFM, but if you elect to prohibit us or our partners from collecting information about you (as described earlier in this Policy), the ads we serve to you will be less relevant and certain other services may be compromised or become unavailable. Your options and the mechanisms for selecting them are described below.

Registered Listeners in the EU/EEA. If you reside in the EU/EEA and are a Registered Listener, you may continue as a Registered Listener under the terms of this Policy which permits you to keep or create your 5-Star Channel, rate or ban songs, permit us to store your favorite channels You may change your election or exercise your rights listed above at any time by clicking here or by contacting our Help Desk for assistance. You will continue to be a Registered Listener until you terminate your account by clicking here.

Non-Registered Listeners in the EU/EEA. If you reside in the EU/EEA and are a Non-Registered Listener, you have two options regarding the protection of your personal data: (1) You may register with us and establish an account permitting you to create your 5-Star Channel, rate or ban songs, receive information from us, etc., but you must affirmatively elect your data protection options by clicking here or by selecting the appropriate options in the pop-up boxes that appear when your access TunedFM; or (2) You may listen to TunedFM without registering and creating an account, but you must still affirmatively select your data protection options by clicking the appropriate boxes that appear when you access our site or by clicking here.

Whether you choose Option (1) or Option (2), you may change your option at any future date by following the instructions in this Policy or by contacting our Help Desk for assistance. You will always be eligible to register with us and create an account (i.e., become a Registered Listener), but you will be required to affirmatively elect your personal data protection option at that time.

Retention of Your Personal Information Protection Selection. TunedFM will retain your personal data protection selection until you elect to affirmatively change it by clicking here. We may, however, resolicit your affirmative personal data protection selection from time to time or on an as-needed basis.

Changing, Correcting or Deleting Your Personal Information. You may change your personal data protection selection any time you desire by clicking here. You may also elect to delete all appropriate data we (or any of our third-party partners) have collected about you by contacting our Help Desk. All of your personal data will be deleted, but we may retain some information if it is required to comply with legal obligations, comply with court orders, prevent fraud or abuse, or for some other legitimate interest.

Data Transfers Outside of the EU/EEA. If you affirmatively elect to permit us to collect information about you in accordance with this Policy so that we can serve relevant ads to you, some or all of the data collected in this regard will be transferred outside of and/or stored on servers in jurisdictions outside of the EU/EEA. Similarly, information we receive from Registered Users residing in the EU/EEA who nonetheless elect to prohibit the collection of their personal information may also have certain data related to their account transferred outside of and/or stored on servers in jurisdictions outside of the EU/EEA.

H. Listeners Outside of the United States Not Residing in the EU and EEA

TunedFM permits non-US persons to become Registered Listeners or Non-Registered Listeners and to use and enjoy our service. However, this means that the information you submit to us may be transferred to the U. S. and processed by servers located in the U. S. (or other jurisdictions) and used by us in conformity with and for the purposes set forth in this Policy. If you are not a resident of the U. S. and do not reside in the EU/EEA, you hereby consent and agree that TunedFM may collect, process, use and store your information in conformity with this Policy, outside of your resident jurisdiction. In addition, U. S. laws and the laws of other jurisdictions where we or third parties may store information may provide different or more lenient levels of protection for your information than the laws of your resident jurisdiction.

I. Changes to the Privacy Policy

We continually evaluate our Privacy Policy and use all reasonable efforts to maintain policies within or superior to standard industry practice. Any material revisions to this Policy that we make from time-to-time will be posted immediately upon their effective date and we may, at TunedFM’s sole discretion, notify our listeners of any revisions by email sent to the address you provided to us when you registered or by a general posting on our website. Unless an email or general posting provides otherwise, any revisions to this Policy will be effective immediately for new listeners and, in the event that TunedFM has chosen to notify our listeners by email, fifteen (15) calendar days following the date of the email or general posting announcing such revision to the Policy.