Privacy Policy

Version date: April 23rd, 2012

Myxer Radio LLC, a Delaware corporation ("Myxer", "we" or "us") desires to offer you the best music service available. To be able to do this, and to offer you products and services on and through the Myxer Social Radio websites at myxer.fm and other Myxer Social Radio branded URLs as designated by Myxer from time to time (the "Myxer Social Radio Websites"), Myxer will request certain information from you and automatically collect certain information about you and your use of the Myxer Social Radio Websites and products or services offered through the Myxer Social Radio Websites, including but not limited to, any Myxer software application(s) and the Myxer Social Radio Service (as more fully described in the Myxer Social Radio Terms and Conditions of Use collectively, the "Myxer Services"). Further, Myxer will request certain information from other third-party services if such services are activated through or via Myxer or the Myxer Services.

This Myxer Social Radio Privacy Policy ("Privacy Policy") describes our online privacy practices and what personal information we may collect from you and what we will and will not do with that information.

Please note that by accepting the Myxer Social Radio Terms and Conditions of Use or by accessing or using the Myxer Services (including, but not limited to the Myxer Social Radio Websites or the Myxer Social Radio Service), you consent to the collection and processing of your personal information as described in this Privacy Policy, as well as the other terms and conditions of this Privacy Policy. If you do not consent to such use of your personal data, you should immediately discontinue use of the Myxer Social Radio Websites, the Myxer Social Radio Service and any other Myxer Services.

This Privacy Policy does not apply to information or data that may be collected by Myxer off-line or through the myxer.com website. This Privacy Policy is incorporated into and made a part of the Myxer Social Radio Terms and Conditions of Use.

PLEASE NOTE THAT THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME, SO PLEASE CHECK BACK REGULARLY TO STAY INFORMED OF ANY CHANGES. WE INDICATE AT THE TOP OF THE PAGE WHEN THIS PRIVACY POLICY WAS LAST UPDATED. If we make any changes to this Privacy Policy we will notify you by posting the new version of the Privacy Policy on the Myxer Social Radio Websites. It is your responsibility to check the Myxer Social Radio Websites for such postings. YOUR CONTINUED USE OF THE MYXER SOCIAL RADIO WEBSITES OR ANY OTHER MYXER SERVICES FOLLOWING SUCH CHANGES CONSTITUTES AND SIGNIFIES YOUR FULL ACCEPTANCE OF SUCH CHANGES.

If you have any concerns, questions or thoughts on how we can improve our Privacy Policy, please let us know by sending an email privacy@myxer.fm.

Privacy Statement

Myxer respects the privacy of its online visitors and users of the Myxer Services and recognizes the importance of protecting the information collected about you. We have adopted this Policy to provide guidance as to how we collect, store and use information about you. This Privacy Policy applies both to persons who register or establish an account with Myxer and to casual browsers of the Myxer Social Radio Websites.

How we collect and use personal information

When you visit a web page of a Myxer Social Radio Websites or use the Myxer Services or any native application program ("app") in connection with the Myxer Services, whether available for download via the Apple App Store, Google App Marketplace, or any other authorized channel, we may collect certain personal information such as your email address, postal address, age, gender, residence and similar information.

To use the Myxer Social Radio Service and certain other Myxer Services, it is first necessary to establish a valid Facebook® account, which is used to connect with the Myxer Social Radio Service and certain other Myxer Services through the convenience of Facebook Single Sign-on. When you access such Myxer Services via your valid Facebook Single Sign-on account, we will also receive and store certain information from Facebook, Inc. ("Facebook"), including, but not limited to, your name, user name, profile picture, unique Facebook identifier, unique Facebook access token, gender, birthday and email address. In addition, we will receive information you have volunteered and/or added to your Facebook profile including, but not limited to, Hometown and your self-identified "Likes" for Music, Television, Movies, Books, Quotes, Activities and Interests. To enrich your experience with the Myxer Social Radio Service and other Myxer Services, we will also access and store information other Facebook users share with you through Facebook including, but not limited to, Hometowns and identified "Likes" for Music, Television, Movies, Books, Quotes, Activities and Interests.

In addition, when you use the Myxer Services, we will automatically receive or collect information about your use of the Myxer Services including, but not limited to, personal information such as media that you access, queries you make, dates and times of your requests, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, and your operating system and application version.

You may also choose to disclose information about yourself in our online message boards, chatrooms, forums or in creating user "profiles" or "preferences" in connection with the Myxer Services. Information that you disclose in chat rooms or in "profile" information is viewable by other registered users, and you should have no expectation of privacy or confidentiality in either place.

We use your personal information (i) to provide the Myxer Services and any products and services that you request; (ii) to communicate with you concerning your account, customer service issues and Myxer Service; (iii) to personalize and improve the Myxer Services; (iv) to ensure the technical functioning of the Myxer Services; (v) to develop new products and services and communicate with you about these; and (vi) to protect the copyright-protected content of the Myxer Social Radio Service and other Myxer Services (e.g. by limiting access to the Myxer Social Radio Service and Myxer Services content to users accessing the service through a verified Facebook account as more fully discussed in the Myxer Social Radio Terms and Conditions of Use.

If you activate the Myxer Social Radio Service or certain other Myxer Services, we will share your Facebook user name and your Facebook profile picture with other users of the Myxer Social Radio Service or such other Myxer Services. In addition, listening rooms (including, but not limited to, self-selected artists included in each room), your real-time listening behavior, actions you take to "vote up" or "vote down" any specific song, any voluntarily posted Myxer Social Radio Song Stories™, and any comments, communications or content posted to a group chat feature within any specific listening room, or public direct chat with another user, are visible for other users of the Myxer Social Radio Service.

Sharing information with others

Myxer will share your personal information with third parties as follows:

  1. To provide you with the products or services that you have purchased or requested and to enhance and improve such products and services, such as third party payment processors or marketing communications firms acting on our behalf;
  2. To enforce the terms and conditions of the Myxer Social Radio Terms and Conditions of Use and any other agreement between you and Myxer;
  3. To share your contact information with select third parties who we think have products or services that may be of interest to you;
  4. To comply with laws, regulations and any applicable court orders or to respond to or comply with litigation matters or other legal process;
  5. To perform analysis of your and others' use of the Myxer Services, including, but not limited to, measuring the size and composition of the group of users that have listened to and/or viewed an advertisement or other promotional information;
  6. In the event of the sale or transfer of any Myxer Social Radio assets, we would disclose and potentially transfer personal information of registered users.
  7. To perform surveys measuring your experiences and use of the Myxer Services on behalf of Myxer; and
  8. To share aggregated statistics, information and other materials with parties with whom we do business relating to your and others use of the Myxer Social Radio Service and other Myxer Services.

In addition, if you connect your Myxer account with Facebook and if you enable the "Publish Activity to Facebook" setting, Myxer will share information about the Listener Room you have visited to your Facebook account. If you choose to publish a Song Story™ within the Myxer Social Radio Service, an acknowledgment that you have created a Song Story™, along with a link to it within the Myxer Social Radio Service, will also be shared with Facebook. Information shared to Facebook will be attributed to the Facebook account which you used to connect with the Myxer Social Radio Service. Facebook's use of such information is governed by Facebook's privacy policy and Myxer's use of such information is governed by this Privacy Policy. You understand and agree that you need to consult both privacy policies to amend or delete personal information which has been provided to Facebook, pursuant to the then-current capabilities of each service.

If you do not want your personal information or data to be used in the manner set forth above, you should disable the "Publish Activity to Facebook" setting within Myxer Social Radio Service; disable the specific setting for Myxer Social Radio within the Privacy Settings at Facebook.com; or not agree to share information by contacting us and telling us you want us to delete your personal information from our systems, thus disabling your use of the Myxer Social Radio Service immediately and ceasing all use of the Myxer Services.

Transfer of personal information to other countries

At this time, Myxer processes personal information only on servers located within the United States. This may not apply to Myxer's third-party providers or to third parties to whom you may link using the Myxer Services. However, should it become necessary to transfer your information to a server outside the United States, we will use our commercially reasonable efforts to do so in accordance with this Privacy Policy and applicable law. Accordingly, your personal information may be transferred to, used, processed or held by Myxer in the United States and in other countries, including countries both in and outside the European Union, and used for the purposes set out in this Privacy Policy. You hereby consent to such use.

Security

We take a number of steps designed to keep your personal information secure from unauthorized access. For example, we accept only Facebook Single Sign-on, which communicates to us your unique Facebook identifier and access token (as well as the information described above), neither of which includes or grants access to your Facebook secure password. In addition, we use encrypted transmissions to limit access to Myxer systems that store your personal information. We cannot, however, ensure or warrant the security of any such information. You are responsible for maintaining the security of your Facebook and Myxer user names and passwords, as well as access to the Myxer Social Radio Service or other Myxer Services via any authorized device. While we use commercially reasonable efforts to safeguard your personal information once we receive it, we cannot guaranty that such information will remain secure or that any transmission of data over the Internet or any other public network can be guaranteed to be secure.

A note about children

Children under the age of 13 are not permitted to use the Myxer Services, and we do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age you should not use the Myxer Services, and under no circumstances should you use a Facebook Single Sign-On to connect your Facebook account with the Myxer Social Radio Service or any other Myxer Services. If we discover that a child under the age of 13 has provided us with personal information, we use commercially reasonable efforts to delete that child's Facebook-level access to the Myxer Social Radio Service and any other applicable Myxer Services. Teenagers under the age of 18 and over the age of 12 should encourage their parents to review this Privacy Policy and to contact us if they would like to raise any concerns.

Requests for further information

Requests for clarification or additional information related to this Privacy Policy may be sent to privacy@myxer.fm. Due to the unverified nature of email and additional data privacy and security protocols, it will not be possible to provide any personally identifiable information by email to anyone, and none will be provided unless requested by a duly authorized subpoena by a court of appropriate jurisdiction.

Links

We may display links to third-party websites. If you click on a link to a third-party website, including but not limited to, any third-party payment or other service offered through the Myxer Services or any advertisement or link to an on-line advertising company, you will leave the Myxer Social Radio Website you are visiting and go to the website you selected. Because we cannot control the activities of third parties, including third-party payment and other service providers, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as Myxer. IF YOU VISIT A THIRD-PARTY WEBSITE THAT IS LINKED TO THE MYXER SERVICES INCLUDING THE MYXER SOCIAL RADIO WEBSITES, YOU SHOULD CONSULT THAT WEBSITE'S PRIVACY POLICY BEFORE PROVIDING ANY PERSONAL OR OTHER INFORMATION. We also encourage you to review the privacy policies of any other service provider from whom you request services.

Cookies

We may also store information about using cookies (files which are sent by us to your computer or other access device) that we can access when you visit the Myxer Social Radio Websites or Myxer Services in the future. We do this to help improve the user experience of the Myxer Services, personalize your user experience and to monitor advertisements and other activities. For example, we may use cookies to deliver content specific to your interests or use cookies or other methods to monitor your use of the Myxer Services. We may also link cookie information to personal information. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Please note that instructions for doing so may vary by device. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Myxer Services.

Certain of our websites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and Myxer does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website.

Other technologies used include clear GIFs and IP address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.

Myxer also maintains log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on or through the Myxer Services, to report aggregate information to our advertisers and third-party service providers and to troubleshoot technical problems. In the event of user abuse of the Myxer Services, however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Terms and Conditions of Use.

English version prevails

In the event that this Privacy Policy is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

Ownership changes

In the event that Myxer Radio LLC or its affiliates, or its or their respective businesses or the Myxer Services (or any portion thereof) becomes owned or controlled by other individuals or entities, the information we have collected about you through the Myxer Services may be transferred to such other individuals or entities.

We may also be contacted via our corporate offices at:

Myxer Radio LLC
Attn: Privacy & Security
245 N. Ocean Blvd.
Deerfield Beach, FL 33441
USA

privacy@myxer.fm

Copyright © 2014 Myxer Radio LLC or its affiliates. All rights reserved.