Version Date: May 6 2015
ZenoRadio LLC (“Company” or “we” or “us” or “our”) respects the privacy of its users (“user” or “you”) whether you access our services via a telephone, wireless or wired device, a partner’s website, through a browser, website widget, player, a mobile application, ZenoPivot, or other media forms or media channels, related or connected thereto as may be available (collectively, the “ZenoRadio Service”).
The Children's Online Privacy Protection Act ("COPPA") protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain personal information from anyone under the age of 13, unless or except as permitted by law. Any person who provides personal information through the ZenoRadio Service represents to us that he or she is 13 years of age or older. If we learn that personal information has been collected from a listener under 13 years of age through the ZenoRadio Service, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a user of the ZenoRadio Service or has otherwise transferred personal information to us through the ZenoRadio Service, please contact Company using our contact information below to have that child's personal information deleted.
ZENORADIO SERVICES GENERALLY
Users have the opportunity to speak directly with radio broadcasters through the ZenoRadio Service and such broadcasters may initiate such contact. Such communication may be conducted via traditional telephone communication, but may also be conducted via a mobile device or browser, website widget, or player. In order to conduct such communications (other than via traditional telephone communication), a user must enable the microphone on the applicable device. ACCORDINGLY, BY ENABLING THE MICROPHONE ON YOUR DEVICE, YOU ARE INDICATING THAT A BROADCASTER, OR OTHER RADIO STATION PERSONNEL, ARE PERMITTED TO CONTACT YOU DIRECTLY USING YOUR MICROPHONE VIA THE MEANS MADE AVAILABLE THROUGH THE ZENORADIO SERVICE. We cannot control who hears your conversation once you are on the air and cannot control the broadcasters from re-broadcasting such conversations.
GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYINGINFORMATION
Users of the Service Generally
“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information,” by contrast, is information such as a name, email address or telephone number that, without more, can be directly associated with a specific person.
Company gathers from users of the ZenoRadio Service Non-Personally-Identifying Information of the sort that devices, depending on their settings, may make available. That information includes, for users accessing the ZenoRadio Service over the Internet, a user’s Internet Protocol (IP) address, operating system and browser type, and the locations of the web pages the user views right before arriving at, while navigating and immediately after leaving the ZenoRadio Service. If you use a mobile device to access the ZenoRadio Service or download any of our applications, we may collect device information (such as your mobile device ID, model and manufacturer), operating system and version information, and IP address.
Company collects and analyzes Non-Personally-Identifying Information gathered from users of the ZenoRadio Service to help Company better understand how the ZenoRadio Service is being used, how to promote the ZenoRadio Service, and for the delivery of targeted advertising. By identifying patterns and trends in usage, including radio station listening habits and patterns, Company is able to better design the ZenoRadio Service to improve users’ experiences, both in terms of content, advertising and ease of use. From time to time, Company may also release the Non-Personally-Identifying Information gathered from the ZenoRadio Service users in the aggregate, such as by publishing a report on trends in the usage of the ZenoRadio Service.
“Flash Cookies” are a form of persistent cookies technically called “Local Shared Objects” (LSOs). Flash Cookies set an LSO to track your use of the ZenoRadio Service. This tracking and storage can occur even after you have deleted your Web Cookies or opted-out of network advertising. This tracking sets two cookies on your computer - a standard cookie and a Flash Cookie. Flash Cookies can be considered to be equivalent to “normal” Web Cookies, except for a few minor differences. With Flash Cookies your data is stored in multiple places and it is restored once you delete it. Normal Web Cookies can be managed via the preferences dialog of most web browsers, but no similar utility for managing Flash Cookies is included in most web browsers. It is possible for Flash Cookies to remain on your computer indefinitely because an expiration date cannot be set for them. As with normal Web Cookies, a website that placed the Flash Cookie can only access data that it captured; it is not allowed to read Flash Cookies created by other websites.
A “Web Beacon” is an object that is embedded in a web page that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. Company may use Web Beacons on the ZenoRadio Service and in emails to count users who have visited particular pages, viewed emails, and to deliver co-branded services. Web Beacons are not used to access users’ Personally-Identifying Information; they are a technique Company may use to compile aggregated statistics about the ZenoRadio Service usage. Web Beacons collect only a limited set of information including a Web Cookie number, time and date of a page or email view, and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons, however, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered and permit you to accept or decline Web Cookies on an individual basis.
When you access the ZenoRadio Service via a telephone we obtain your telephone number (unless the caller ID is blocked), keep track of services you have used and activities you have performed, radio stations you have listened to and your listening and call-in habits.
We or broadcasters may either directly or through third-party companies serve ads to you when you access the ZenoRadio Service. Advertisers may use information about your visits to and use of the ZenoRadio Service (including, without limitation, stations accessed, listening habits, and location of accessing telephone number) that are contained in Web Cookies, Flash Cookies or that we gather when you access the ZenoRadio Service via a telephone (wireless or wired device) or other application or access method in order to provide advertisements about goods and services that may be of interest to you. We also allow advertisers to choose the characteristics of listeners who will be presented with their advertisements and we may use any of the non-personally identifiable attributes we have collected to select the appropriate audience for those advertisements. Advertisements may be served via SMS/text messages, voice messages, email, push messaging or other means from ZenoRadio or affiliated third parties.
If you are accessing the ZenoRadio Service via the Internet, then using a tool created by the Network Advertising Initiative, you can opt out of several third party ad servers’ and networks’ Web Cookies simultaneously. If you would like more information about this practice and to know your choices about not having this information used by these companies, please follow the following link: http://networkadvertising.org/managing/opt_out.asp. Please contact us if you would like to know the identity of the third-party advertising companies we are currently using to serve ads.
One of the third party services that we use to track activity related to our service, e.g., by placing cookies, is Google Analytics. We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past activity on our websites and applications, including Google Analytics for Display Advertising. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or opt out from Google Analytics for Display Advertising or the Google Display Network. You can do so by using Google’s Ads Settings (www.google.com/settings/ads).
Aggregated and Non-Personally-Identifying Information
We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the ZenoRadio Service and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the ZenoRadio Service and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop website content and services that we hope you and other listeners will find of interest and to target content and advertising.
Mobile Device Additional Terms
- Geo-Location Information. Unless we have received your prior consent, we do not access or track any specific location-based information from your mobile device at any time while downloading or using our mobile applications or the ZenoRadio Services. However, based upon your IP address, the telephone number that you use to access the ZenoRadio Service, Wi Fi network data or cell tower triangulation, we may record general non-specific locations. However, we may also automatically collect anonymous information about you when you have geographical location tools on your Internet-enabled device which have not been disabled. We may also collect anonymous information about you whenever you deliberately interact with one of our ads containing a quick response code or follow instructions to send a text, or visit a URL. If you have geo-location tools on your Internet-enabled device which you have not disabled, we automatically receive information on your device’s location and may use it to comply with our contractual arrangements which restrict our sending certain programming channels outside of defined areas, such as when you want to listen to the ZenoRadio service while in another country.
- Push Notifications. We may send you push notifications if you choose to receive them for other service-related matters. If you wish to opt-out from receiving these types of communications you may request to have them stopped at any time via preferences on your mobile device.
- Mobile Analytics. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your mobile device. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.
COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION
As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect PersonallyIdentifying Information from and about the ZenoRadio Service users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves when (1) registering for the ZenoRadio Service, (2) dialing in to the ZenoRadio Service, (3) logging in with social network credentials, (4) participating in polls, contests, surveys or other features of the ZenoRadio Service, or responding to offers or advertisements on the ZenoRadio Service, (5) communicating with us, or (6) signing up to receive newsletters or other communications. That Personally Identifying Information may include each user’s name, address, email address, and telephone number. We also may request information about your interests and activities, your gender, age, date of birth, language preference, hometown and other demographic information, and other relevant information as determined by Company from time to time. Additionally, when you access the ZenoRadio Service from a telephone or mobile device we may also obtain your telephone number which may also be used for tracking your use of the ZenoRadio Service. Users of the ZenoRadio Service are under no obligation to provide Company with Personally-Identifying Information of any kind, though some information, like a telephone number, may be provided automatically when using the ZenoRadio Service. We may also use reverse look up functionality in order to obtain the name of a person associated with a particular phone number.
BY REGISTERING WITH OR USING THE ZENORADIO SERVICE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLYIDENTIFYING INFORMATION” SECTION.
We may occasionally use your name and email address to send you notifications regarding new services or products offered by Company that we think you may find valuable. If we have obtained proper authorization, we may also contact you via email, telephone, text or push notification. We may also send you service-related announcements from time to time through the general operation of the Service. Generally, you may opt out of receiving such communications, though we reserve the right to email you notices about your account even if you opt out of all voluntary email notifications.
We may provide you the option to connect your account, if applicable, on the ZenoRadio Service to your account on some social networking sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on the ZenoRadio Service. When logging in using your social network credentials, such as your Facebook account, we may collect the PersonallyIdentifying Information you have made publicly available in Facebook, such as your name, profile picture, cover photo, username, gender, friends network, age range, locale, friend list, and any other information you have made public. We may also obtain other non-public information from the social network website with your permission. Once connected, others may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your account on the ZenoRadio Service to your account on any social networking site, you hereby consent to the continuous release of information about you to us. We will not send any of your account information to the connected social networking site without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and our collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
Company will disclose Personally-Identifying Information under the following circumstances:
- Broadcasters/Advertisers. Through your access to the ZenoRadio Service, we collect a variety of information regarding how you use the ZenoRadio Service, and this information can be linked to Personally-Identifiable Information we have obtained about you. We may disclose this information to broadcasters of radio stations that you access via the ZenoRadio Service as well as to our advertisers. Broadcasters may use the information we disclose about you only for their internal purposes, such as improving programming, identifying you if you call in to a radio show, contacting you as a listener of their programming, in order to deliver advertising, and for related purposes.
- Marketing Communications. Unless users opt-out from receiving Company marketing materials, Company may email, SMS/text, deliver recorded messages and otherwise communicate with users, or contact users via other means (all in compliance with applicable law), about products and services that Company believes may be of interest to them and Company also will provide users’ email information (and other contact information) to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of receiving marketing materials from Company, user may do so by following the unsubscribe link in email communications, by going to your account settings (if applicable) or contacting us using the contact information below. Similarly, to cease having your email or other contact information provided to third parties, you may do so by going to your account settings (if applicable) or contacting us using the contact information below. Even after opting-out, a user may continue to receive marketing emails or other communications from third parties to whom Company already has provided the user’s email or other contact information. Users will be responsible for directly contacting such third parties to request cessation of further marketing communications.
- Third Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, supporting or maintaining our service platform or technologies, and supporting contests, sweepstakes, surveys and other features offered through the ZenoRadio Service. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
CONTESTS, GIVEAWAYS AND SURVEYS
COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
We take security of your Personally-Identifying Information seriously and use reasonable electronic, personnel, and physical measures to protect it from loss, theft, alteration, or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third party circumvention of any privacy settings or security measures.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
DO NOT TRACK POLICY
The ZenoRadio Service does not respond to “Do Not Track” signals or mechanisms.
Phone: (212) 822-3460