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KCast Radio - Privacy Policy

KCommunications, Inc.

 

https://www.kcastradio.com

KCast Radio App

 

THE KCAST RADIO PRIVACY POLICY WAS UPDATED ON JUNE 1, 2020

 

QUICK GUIDE TO CONTENTS

 

I. DEFINITION OF TERMS

II. INTRODUCTION

III. COLLECTION AND USE OF PERSONAL INFORMATION

IV. COLLECTION AND USE OF NON-PERSONAL INFORMATION

V. USE OF COOKIES AND OTHER TECHNOLOGIES

VI. DISCLOSURE TO THIRD-PARTIES AND SERVICE PROVIDERS

VII. INFORMATION WE RECEIVE OR COLLECT FROM THIRD-PARTIES AND SERVICE PROVIDERS
VIII. LINKING TO OUTSIDE WEBSITES

IX. PROTECTION OF PERSONAL INFORMATION

X. RETENTION OF PERSONAL INFORMATION

XI. YOUR PRIVACY RIGHTS

XII. OUR POLICIES REGARDING CHILDREN

XIII. TRANSFER OF INFORMATION OF INTERNATIONAL LISTENERS

XIV. CHANGES TO OUR PRIVACY POLICY

XV. CONTACT US

 

I. DEFINITION OF TERMS

 

1. “Privacy Policy”

This document in its entirety and the provisions contained herein.

 

2. “We,” “Us,” or “Our”

For the purposes of this Privacy Policy we will use these terms interchangeably when referring to KCast Radio, the parent company of KCast Radio—KCommunications Inc.—and/or any third-party company, agent, or entity affiliated with KCast Radio or KCommunications Inc.

 

3. “You,” “Your,” “Listener,” or “User”

For the purpose of the Privacy Policy we will use these terms interchangeably when referring to any individual who accesses, intends to access, or has accessed in the past any of our products or services.

 

4. “Service”

Our Internet radio station’s digital stream of music, news, and original content.

 

5. “Website”

When preceded in our Privacy Policy by “we,” “us,” or “our” the term Website is defined as our web domain, https://www.kcastradio.com, which is a digital Internet property owned and managed by us; this term includes any web music player embedded on a web page we own as part of our Website which provides access to our Service and all other subpages as part of our Website. Our Website will appear in your browser with the root domain indicated above.

 

6. “App”

When preceded in our Privacy Policy by “we,” “us,” or “our” the term App is defined as both the KCast Radio iOS App available on the Apple App Store or the KCast Radio Android App available on the Google Play Store. Certain statements contained in our Privacy Policy may apply only to the iOS edition of our App or only to the Android edition of our App; in any such foregoing instance, statements or provisions applicable only to one edition of our App will be specifically indicated.

 

7. “Device”

A computer, phone, tablet, or any other consumer electronic product capable of accessing the Internet and our Service.

 

8. “Personal Information”

Data that can be used to identify or contact a single person. Personal Information includes first and last name, email address, phone number, and/or any other data that has intentionally or unintentionally become combined with Personal Information.

 

9. “Non-Personal Information”

Data that cannot, on its own, permit direct association with a single person. Non-Personal Information includes data such as general location or region where our Website or our App is being used to access our Service, or general data about the device accessing our Website or our App in order to access our Service—manufacturer, model, browser, operating system, operating system version, mobile carrier, unique identifiers, and other related device software or hardware information.

 

10. Other Terms

Any other terms not defined above will be defined below as part of the statements or provisions they pertain to or are a part of and will be indicated clearly in bold type with quotation marks upon the first instance in which they appear in our Privacy Policy. Any such terms defined in this way will subsequently apply to the entirety of our Privacy Policy.

 

II. INTRODUCTION

 

1. Access to our Website and our App is free. Our Website was created and is managed by us, and our App was developed by us in partnership with Radio.co (UK) Limited and AFFINITY Media, LLC. Our Service is provided by us and is intended for use as is. Our Privacy Policy describes how we collect, use, transmit, transfer, store, and/or disclose information provided to us online or offline by users or devices that access our Service, or any other product or service we offer, and how you can control how we use your Personal Information. By accessing our Website, our App, or our Service, you agree to the terms of our Privacy Policy, and you expressly consent to the collection, use, transmission, transferral, storage, and disclosure of your Personal Information in accordance with our Privacy Policy.

 

2. We are committed to the responsible and secure use of information. Below you will find outlined the details of our Privacy Policy and how it pertains to any information we obtain. We aim to be as transparent as possible with regard to your privacy so that you feel free to enjoy our Service and any other products or services we offer to the fullest extent. If, after reviewing our Privacy Policy, you wish to contact us for additional information, we will provide you with a way to contact us below.

 

III. COLLECTION AND USE OF PERSONAL INFORMATION

 

1. We will not collect any of your Personal Information on our Website without your expressed permission.

 

2. If you choose to provide us with any Personal Information in order to access certain products or services we offer, we will disclose exactly how your Personal Information will be used prior to accepting your consent to use your Personal Information.

 

3. Our App does not collect any Personal Information when installed or launched on a device; and while in use, our App will only process data that is relevant to its core functionality. Any data we require in order to remain compliant with our various license agreements and/or any relevant laws is considered by us to be data relevant to the core functionality of our App.

 

4. When you use our App, it may monitor its “state”—idle, in call, call ended—if applicable on a particular device. At no point will our App monitor any communications or derive any Personal Information.

 

5. The Android edition of our App requires access to the local storage on the device it’s installed on in order to store its configuration for quicker launch times.

 

6. You have the ability to post comments, images, and information by using community networking and/or social media features available on are accessible through our Website or our App. You should be aware that any information you submit in the course of these community activities can be read, collected, or used by other users of these services. We are not responsible for the information you choose to make public in any of the community networking or social media features available through our Website or our App.

 

7. Our App does not have functionality permitting users to contact us directly; however, we provide a link to our Website from inside our App’s navigation menu which can be used to access our contact form if you wish to contact us. If you initiate contact with us by submitting a contact form on our Website, we request:

(a.) Your email address so that we may follow-up with you regarding your inquiry;

(b.) Your first and last name so that we may address you appropriately at the time we follow-up with you;

(c.) Your phone number if you prefer that we follow-up with you by phone. Providing your phone number is not required to contact us.

 

8. From our Website, you have the option of signing up to receive our regular newsletter, blog posts, and/or other products or services we may offer, and any Personal Information you provide under those circumstances will be treated by us separately from any inquiries you may have submitted via the contact form on our Website; we will use Personal Information you provide to us for the sole purpose of fulfilling whatever the nature of the contact you initiate and for no other purpose according to our Privacy Policy.

 

9. From time to time, we may administer contests, events, and/or other promotions. We always encourage our listeners to sign up for our newsletter so that we may notify them about what is upcoming and how they can participate.

(a.) We will never require our listeners and users to provide any Personal Information in order to participate in any contest, event, and/or promotion we may be administering.

(b.) In an instance a winner of a contest we are administering does not wish to sign up for our newsletter, any such listener or user may still collect winnings: if you have won a contest we are administering, and we do not have Personal Information we require to inform you that you have won, you may claim your winnings by contacting us at promotions@kcastradio.com.

(c.) Please be aware that in order to claim any winnings you may be entitled to by participating in any contest or promotion we are administering, we require the following Personal Information so that we can confirm your identity: your first and last name, email address, phone number, any associated social media handle you may have used to enter the contest or promotion, and a photograph of a government issued ID, and, if applicable, your preferred shipping address.

(d.) Personal Information, including a photograph of your ID and any Personal Information appearing on the ID, will not be retained by us for any period of time longer than may be necessary to arrange for your winnings to be delivered to you in accordance with the Retention of Personal Information section of our Privacy Policy.

 

10. You are not required to provide any Personal Information that we have requested, but, if you choose not to do so, in some cases we will not be able to provide you with our products or services or respond to any queries you may have.


IV. COLLECTION AND USE OF NON-PERSONAL INFORMATION

 

1. We may collect, use, transmit, transfer, store, and/or disclose Non-Personal Information for any reason. We use Non-Personal Information for the following purposes:

(a.) The improvement of our Service and other products and services;

(b.) To help us diagnose technical problems or errors;

(c.) For market research;

(d.) To comply with our license obligations;

(e.) To pay royalties to the Performance Rights Organizations who represent the copyright owners of and the artists who recored the music we play;

(f.) To track the effectiveness of our advertising, such as measuring how many users view or click an ad we are featuring on our Website, and for advertising attribution, analytics, and reporting;

(g.) To serve or display ads and offers that are more likely to be relevant to you; these may be for our own products and services, or for products and services offered by our partners and other brands or advertisers (who may pay us to show you such content);

(h.) For security and safety purposes, such as protecting against cyber threats; protecting our rights and the rights of our users; detecting, investigating, or preventing fraud and other illegal activities; and responding to legal and regulatory compliance obligations.

 

2. When accessing our Service, your Internet Protocol (“IP”) address will be transmitted to our radio service provider in order for us to track listening trends and provide licensing bodies with royalty reports. Once our radio service provider receives your IP address it is immediately anonymized, deleted, and then becomes untraceable. This data is never stored, sold, or passed on to any other companies or entities and is used strictly for the purpose described herein.

 

3. We treat IP addresses or similar identifiers as Non-Personal Information. However, to the extent that either IP addresses or similar identifiers are considered Personal Information by local law, we will also treat these identifiers as Personal Information. Similarly, to the extent that Non-Personal Information is combined with Personal Information, we treat the combined information as Personal Information for the purposes of our Privacy Policy so long as such information remains combined.

 

V. USE OF COOKIES AND OTHER TECHNOLOGIES

 

1. “Cookies” are small pieces of data sent by an organization to a device where it is then stored to allow us to recognize you when you visit. Cookies collect statistical data about your browsing actions, such as which search engine you used to find our Website, and do not identify you as an individual.

 

2. Using Cookies, we analyze only aggregate data, such as patterns of search phrases users of our Website entered into a search engine to discover our Website or our App organically on the Internet, and we use such data to gain insights about how to improve the accessibility, functionality and experience of our Website and our App.

 

3. Users who have signed up for our newsletter, blog, or other products or services will in some cases receive email messages containing a “click-through URL” linked to certain content on our Website. When users click one of these URLs, they pass through a separate web server before arriving at the destination page on our Website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our email communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

 

4. In some instances, we, our service providers, and advertising partners may place cookies and similar tracking technologies on your device in order to collect data about your online web-browsing activities over time and across different websites and online services or mobile applications, in order to serve you ads or other content personalized to your interests. This form of advertising is referred to as Interest Based Advertising (“IBA”). In order to personalize these ads or content, we or our advertising partners or service providers may connect and/or share Personal Information, as defined by some jurisdictions, about you, either to data you provided to us or to data provided to us by a device you are using—browser/usage/regional location information.

(a.) You can opt-out of being tracked online for IBA purposes by going to:

About Ads - Opt Out or Network Advertising - Opt Out

(b.) Our App does not contain any IBA or any other type of advertisements; however, you can opt-out of being tracked by our App in the future for IBA purposes by going to: Your Ad Choices - Apps.

(c.) Any choices you make regarding cookies or other tracking technologies are specific to a device and a browser. If you use different browsers on your device or use multiple devices and wish to opt-out of being tracked on those browsers and/or devices as well, you will need to follow the same procedure for each browser and/or device.

(d.) You should be aware that even if you choose to opt-out of IBA, you may still encounter ads on our Website; however, they will not be customized based upon your web-browsing activities on other websites.

 

5. It is possible to switch off cookies by adjusting your browser’s security settings; however, disabling cookies may result in a loss of functionality when using some websites.

 

VI. DISCLOSURE TO THIRD-PARTIES AND SERVICE PROVIDERS

 

1. In order to conduct our business effectively and provide the best possible products and services to users of our Website and our App, we regularly employ or contract third-party companies, agencies, consultants, and/or service providers. These “Service Providers” perform a variety of tasks for us on our behalf including facilitating our Service, providing our Service on our behalf, performing Service-related services, or assisting us in analyzing how our Service is used.

(a.) We want to inform you that these Service Providers may require access to your Personal Information for the purpose of performing certain tasks assigned to them by us to fulfill on our behalf; however, we require the Service Providers we work with to use any Personal Information we share with them for the singular purpose of completing the tasks we have assigned to them and for no other reason.

(b.) Any Service Provider we work with is obligated by us to maintain a level of information security equal to that of our own and also provide a publicly available and easily accessible privacy policy indicating that the Service Provider is committed to and compliant with the most current Internet privacy standards and all applicable laws regarding the collection and use of Personal Information.

(c.) We do not rent, sell, or exchange Personal Information, nor do we obtain Personal Information in these ways.

 

2. Following is a list of the Service Providers we work with on an ongoing basis who may have access to your Personal Information. We will provide each Service Provider’s company or business name, a link to each Service Provider’s privacy policy, a way to contact each Service Provider directly, and the nature of the service they provide to us:

(a.) Radio.co (UK) Limited

(i) https://radio.co/privacy

(ii) help@radio.co

(iii) Radio.co manages the servers which allow us to stream our content and music live or schedule our content and music to play at a specific time. They anonymously aggregate certain data about our listeners which we are required to report regularly to licensing bodies for the use of the music we play. They assist us in the development of our App. They provide other tools we use in order manage our Service, the web music player embedded on our Website, and our App.

(b.) Wix                         

(i) https://www.wix.com/about/privacy

(ii) privacy@wix.com

(iii) Wix manages the servers where our Website is hosted, creates and maintains the web development tools we use to build and update our Website, securely stores any Personal Information you provide to us, hosts our blog, facilitates communications between us and our users when a user submits a contact form, and handles our email marketing—including sending our email newsletter and/or email notifications about recent blog posts or upcoming events to our users if they have opted to receive them from us.

(c.) Google

(i) https://policies.google.com/privacy

(ii) https://www.google.com/contact

(iii) Google, specifically Google Analytics, provides us with web-based tools which allow us to learn more about the users of our Website. In compliance with the Google Analytics tool Terms of Use, we encourage you to review their privacy policy by clicking the above link, and we are obliged to inform you that you may opt-out of any data collection performed by Google Analytics by installing Google’s opt-out plugin for your browser by visiting the following link: Google Analytics - Opt Out. You may still use our Website even if you install and activate the Google opt-out plugin.

 

VII. INFORMATION WE RECEIVE OR COLLECT FROM THIRD-PARTIES AND SERVICE PROVIDERS

 

1. During the course of conducting business and as such relates to providing our Service to users—included, but not limited to, maintaining our Website, updating our App, managing our community based networking and social media profiles, advertising, marketing, and any other associated business we conduct—we may receive Personal Information about you from third-parties including our from our Service Providers, business partners, vendors, and/or affiliates.

 

2. In the event we receive any Personal Information about you or Non-Personal Information that has become combined with Personal Information for any reason, we have obtained from you, or have received elsewhere, we will treat the combined information as Personal Information according to our Privacy Policy.

 

3. We are not responsible for, and will assume no liability, if a business partner or other other entity collects, uses, or shares any Personal Information in violation of its own privacy policy or any applicable laws, rules, or agreements. Further, we do not accept liability for any Personal Information shared by any individual or organization about you on any community networking or social media platforms we may use.

VIII. LINKING TO OUTSIDE WEBSITES

 

1. We sometimes provide links to websites other than those owned by us. Unless we expressly state otherwise, a link present on our Website to an external website should not necessarily be considered to be an endorsement of the content, products, or services available on that website.

 

2. Prior to providing any Personal Information to outside websites, including any advertising links present on our Website, we encourage you to review the privacy policy of any such website in order to understand how that website or its managers use your Personal Information as they may have privacy practices that differ from our own.

 

IX. PROTECTION OF PERSONAL INFORMATION

 

1. We take the privacy of our users and the security of the information they provide to us very seriously. We protect our databases with various physical, technical, and procedural measures, and we restrict access to Personal Information by unauthorized persons; and, as previously stated, we only work with Service Providers who have established and maintain privacy policies comparable to ours.

 

2. Any information provided to us through our Website is stored on off-site servers managed by our web host Service Provider, and is transmitted securely through the use of Secure Sockets Layer (“SSL”) technology which is the electronic commerce standard for securing information as it travels over the Internet. SSL technology is designed to encrypt information, preventing an unauthorized party from viewing and/or downloading it. Your browser should display web addresses with the prefix “https” signaling that the SSL technology is operating when using our Website. 

 

X. RETENTION OF PERSONAL INFORMATION

 

1. We will retain any Personal Information you provide to us for the period necessary to fulfill the purpose you intended at the time you provided it. For example, if you submit an inquiry to us via the contact form on our Website, we will retain your Personal Information for only the period of time required to follow-up with you regarding your inquiry, and we will consider the case closed after responding to your original inquiry and/or any subsequent communications you initiate with us regarding the original nature of your inquiry. When a case is closed, we will not retain any Personal Information you provided to us, and if you wish to initiate contact with us at a later time, we will request the Personal Information necessary to follow-up with you. In contrast, if you provide us with Personal Information for the purpose of signing up to receive our newsletter, notifications of our blog posts, or upcoming events, we will retain your Personal Information until such a time as you notify us otherwise.

 

2. As a rule, we will retain your Personal Information for the shortest possible period unless we are compelled by law to retain it for a longer period.

 

XI. YOUR PRIVACY RIGHTS

 

1. If you wish to update Personal Information we have on record for you for any reason, you may do so by contacting us at info@kcastradio.com. Typically, we are able to process this type of request within five business days.

 

2. If you wish to revoke consent you have previously given to us to use Personal Information you may have provided, you may do so at any time and for any reason by contacting us at privacy@kcastradio.com. We prioritize this type of request and will process it within two business days.

 

3. If you wish to permanently delete any Personal Information we have on record for you for any reason you may request that we do so by contacting us at privacy@kcastradio.com. We prioritize this type of request and will process it within two business days. We will provide a confirmation to the requestor upon the fulfillment of a request to delete Personal Information and will consider the case closed at that time.

 

4. We may decline aspects of deletion requests if we believe doing so would undermine or jeopardize our legitimate use of data not explicitly defined as Personal Information by our Privacy Policy.

 

5. California

(a.) Your rights under Cal. Civ Code § 1798.83 (Shine the Light Law) provides California residents who use our Website or our App with the right to obtain from us information about the Personal Information about you that we have on record, use, and disclose.

(b.) We do not share Personal Information (as defined in California Civil Code Section 1798.83 ) with third-parties for direct marketing purposes.

(c.) Your rights under Cal. Bus. & Prof. Code § 22575)b) (“Do Not Track” Browser Settings), you are entitled to know how we respond to “Do Not Track” browser settings. Like many websites and online services, we do not currently alter our practices when we receive “Do Not Track” signals as there is no consensus among industry participants as to what “Do Not Track” means in this context. To find out more about “Do Not Track,” you may wish to visit:

All About "Do Not Track".

(d.) If you are a California resident and wish to exercise your rights under the California Consumer Privacy Act of 2018 (CCPA), please contact us at privacy@kcastradio.com and include “Shine the Light” in the subject field.

(e.) If you choose to exercise your privacy rights, you have the right to not receive discriminatory treatment or a lesser degree of service from us.

 

6. Nevada

(a.) If you are a resident of Nevada, you may apply limits to the sale of certain Personal Information to third-parties for resale or licensing purposes, subject to applicable law.

(b.) We do not sell your Personal Information for any use including such use as defined by Nevada law.

(c.) If you are a Nevada resident, you are entitled to register your preference for limits on such sales in the future by submitting a request to us at privacy@kcastradio.com and include “Nevada Do Not Sell Request” in the subject field. Your request must include your first and last name and zip code in the body of your request in order for us to process it.

 

XII. OUR POLICIES REGARDING CHILDREN

 

1. We understand the importance of taking extra precautions to protect the privacy and safety of children. Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to provide us with any Personal Information or initiate contact with us without the consent of a legal guardian.

 

2. In accordance with the Children’s Online Privacy Protection Act, we will not knowingly collect any information from or sell products to children under the age of 13.

 

3. In the event we obtain actual knowledge that we have collected Personal Information from children under the age of 13, we will take measures to remove such information from our servers.

 

4. If you believe that we might have any Personal Information from a child under the age of 13, please contact us at: privacy@kcastradio.com.

 

XIII. TRANSFER OF INFORMATION OF INTERNATIONAL LISTENERS

 

1. If our Service is offered outside of the United States and you choose to provide us with your Personal Information, the Personal Information you provide may be transferred to the United States and other countries to be processed by us or our Service Providers in order to provide our Service to you for the purposes set forth in our Privacy Policy.

 

2. If you are not a resident of the United States, you hereby consent and agree that we may collect, use, transmit, transfer, store, and/or disclose your Personal Information, as discussed in our Privacy Policy, outside your resident jurisdiction, including the United States and the United Kingdom.

 

3. Be aware that United States law and the laws of other countries where we may store and process your Personal Information may offer different levels of protection than may be available in your country.

 

XIV. CHANGES TO OUR PRIVACY POLICY

 

1. We will continually update our Privacy Policy in order to remain compliant with any industry privacy standards or relevant and applicable laws pertaining to the privacy of our users.

 

2. Any changes we make to our Privacy Policy will be posted to this page and/or communicated to you in other ways if required by law. We encourage you to check back frequently to see any updates or changes to our Privacy Policy.

 

3. If you do not agree or consent to this Privacy Policy, including changes or updates, do not continue to use our Website or our App, and do not attempt to access our Service or any other products or services we offer in any way.

 

XV. CONTACT US

 

1. If you have any questions or concerns about our Privacy Policy, our business practices, or your experience with our Website or our App, we invite you to contact us at info@kcastradio.com or privacy@kcastradio.com.

2. If you would like to download a .pdf version of our Privacy Policy, click or tap here.

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