Last Updated Date: April 5, 2022
PRIVACY POLICY
The terms “FM.sr,” “we,” “us,” and “our” include FM.sr and its affiliates and/or subsidiaries. All other terms not defined in this Privacy Policy will have the meanings set forth in the FM.sr End User License Agreement and Terms of Service (“EULA”).
This Privacy Policy explains how FM.sr may collect, use, process, disclose and safeguard information we obtain through the Service, including our Website (currently at www.FM.sr.sr) and our mobile applications, and in connection with our partner and vendor relationships. It also tells you about your rights and choices with respect to your Personal Information, and how you can contact us if you have any questions or concerns. FM.sr is the data controller for the purposes of this Privacy Policy.
If you are a California resident, please also see our California Resident Privacy Notice.
HOW FM.sr COLLECTS YOUR INFORMATION
For the purpose of this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable individual. We obtain Personal Information relating to you from various sources as described below.
Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that information is necessary to provide you with the Service or if we are legally required to collect it.
By registering an account and using the Service, you expressly consent and authorize FM.sr to collect and process your Personal Information pursuant to the terms and conditions of this Privacy Policy.
A. Personal Information Provided by You
Account Registration and Profile Creation. If you register as a User to use the Service, then you must provide us with your name, date of birth, a password and email address in order to create an account and User profile. You may also optionally add to your profile certain demographic information, such as your country, zip code and gender, as well as your photo.
If you are a broadcaster, we ask you for information about your station and broadcast(s) when you register on our Service, including your name, email address, phone number, website, content streaming URL, as well as background information on the station and broadcast(s).
Subscriptions. If you obtain a Subscription to the Service, then we will ask you to provide your payment information, such as your credit card number, so our service providers can process your payments for the Service.
Communications. We will collect any information which you provide to us through your communications with our customer-support team. Phone calls between you and us might be recorded for legal compliance purposes or for the adequate provision of the Service. If you subscribe to our newsletter, then we will collect certain information from you, such as your email address. If you complete one of our surveys, we will collect your responses and may ask you to provide certain information such as your gender, age, and general location.
Business Partner and Vendor Information. We may receive contact details of business partners’ and vendors’ employees as provided by business partners or vendors in furtherance of the relevant partner or vendor relationship.
Job Applications. We will collect any information which you provide to us when you apply for a job with FM.sr, including your curriculum vitae and references.
B. Personal Information Obtained from Third Parties
Social Sign-on. We collect information from social media services when you use your credentials for these services to log into the Service. For example, when you log in with your Facebook credentials, we collect the information you have authorized Facebook to share with us, such as your name, email address, gender, date of birth, and profile picture. We may also obtain other non-public information with your permission.
Other Third Parties. We may collect information about you from other third parties, such as other Users or our marketing partners. For example, we may receive information about you when another User allows us to upload your contact information to the Service. We may combine this information with the other information we collect about you.
C. Personal Information Collected From your Device via Automated Means
Using the Service. When you use the Service, we collect information about your activities, such as the stations, artists or channels that you listen to, transaction details related to your Subscription, the User profiles that you view, your searches for friends or stations and your other actions and interactions with other Users or content on the Service, the stations, content and people that you follow (“Follow Lists”), your comments, any content that you post on the Service, and any other information resulting from your use of the Service that is publicly accessible by other Users (“Public Information”).
Your Contacts. If you give us permission to import to the Service the contacts from any email account associated with your account, then we may collect information about your contacts. We may also collect your contacts if you share information or content with them from the Service or invite them to use the Service.
Location Information. With your consent, we may obtain information about your physical location at regular intervals when you use the Service, such as by use of geolocation features in the device(s) through which you access the Service. In addition, we may infer your location from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet). We use location information to comply with radio stations’ content licenses (which are location-specific), and to provide you with features, notifications, advertising, or other content that is influenced by your location (such as showing you your local radio station).
Device Information. We receive information from Users’ devices through which a User accesses the Service, such as IP address, web browser type, mobile operating system version, and unique device identifiers.
Widget Information. Other websites may integrate FM.sr widgets (such as the FM.sr Player or FM.sr Follow Button). When you visit a site with a FM.sr widget embedded, we may receive certain information, including information about the web page you visited, your IP address, and other information about your device. FM.sr and the widget can recognize you across websites containing FM.sr widgets, and the widget may be used to show personalized content or advertising. We know when you interact with a widget, and websites containing the widgets may receive this information.
Cookies and Related Technologies. When you visit the Service, we and our third party service providers receive and record information from your browser and from cookies and similar technologies. Learn more about how we use cookies and related technologies in our Cookie Policy.
HOW FM.sr USES YOUR INFORMATION
Internal and Service-Related Usage. We use Personal Information for internal and Service-related purposes, including to operate, provide, and maintain the Service.
Analytics and Improving the Service. We and our service providers use Personal information that we collect on the Service, such as your location and your activities on the Service, to monitor and analyze usage of the Service and to improve and enhance the Service.
Communications. We may send emails to an email address you provide to us (i) for customer-service or technical-support purposes, or (ii) to send you (a) information about topics or content that we think may interest you, or (b) updates about the latest developments or features on the Service. We also may send push notifications to your device and a newsletter to the email address you provide to us in the event that you subscribe to receive the newsletter.
Advertising. We and our advertising partners may use your Personal Information, including your location and your activities on the Service to facilitate the delivery of advertisements.
Tailored Content. We may use your Personal Information to provide you with personalized services, content, offers and recommendations. For example, we may analyze your listening history to recommend similar content that we think would be of particular interest to you, send you tailored recommendations based on your location or send you personalized marketing communications based on Personal Information we have collected about you.
Aggregate Data. We may de-identify and aggregate information collected through the Service for statistical analysis and other lawful purposes.
Partners and Vendors. We use information collected from our business partners and vendors to manage those relationships.
Job Applications. If you apply for a job at FM.sr, we may process your Personal Information to evaluate your application.
Legal. We may use your Personal Information to enforce our EULA, to defend our legal rights, or to comply with our legal obligations and internal policies.
If you are located in the European Economic Area (“EEA”):
• We only process your Personal Information based on a valid legal ground, including when you have consented to the use of your Personal Information, for example, to provide you with tailored advertising.
• We need your Personal Information to provide you with the Services, including for account registration, to respond to your inquiries or, if you are a broadcaster, to manage the directory listing and for support.
• We have a legal obligation to use your Personal Information, such as the obligation to protect intellectual property rights and restrict content available on the Service based on your location.
• We or a third party have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to personalize our Service and provide you with tailored content, conduct business analytics and otherwise improve the safety, security, fraud prevention, and performance of our Service. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
HOW FM.sr MAY DISCLOSE YOUR INFORMATION
Station and Channel Partners. We may share certain limited information with our station and channel partners regarding your listening activity on their stations and channels. The information we share may include device information (for example, IP address, web browser type, mobile operating system version, and unique device identifiers); general geographic information (for example, zip code, city, state, region, and/or country); listening session starts, durations, and timestamps; and search terms used to find the station or channel partner’s content. Our station and channel partners may use and share this information for their research and marketing purposes, or as otherwise disclosed in their respective privacy policies.
Advertising Partners. We may share your Personal Information (including IP address) with our third-party advertising partners to provide ads that we think may interest you, such as, Adsense. Adsense may link this data to data collected from other offline and online sources, including other websites and mobile apps, and provide FM.sr with an identification code that we may store for in-app, online, and cross-channel advertising, or share with advertising companies to enable interest-based and targeted advertising. We may share your Personal Information with our third party advertising partners to provide ads that we think may interest you.
Nonaffiliated Companies. We do not rent, sell, or share Personal Information (as defined by California Civil Code §1798.83) about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. If we receive your permission, nonaffiliated companies may use your Personal Information to send you offers or other information that you may find of interest.
Social Networking and Other Websites. The Service may allow you to share Personal Information with social networking services, such as Facebook. We do not share your Personal Information with them unless you direct the Service to share it. Their use of your Personal Information is governed by their privacy policies, and you may be able to modify your privacy settings on their services.
Other Users. Your Public Information, which includes your Favorites, is viewable by other Users, unless you change your account settings to make your Favorites private. However, if you registered for the Service prior to May 7, 2014, then your Favorites will be private unless you change your profile settings to make them publicly accessible. Your profile information, such as any photographs, your username, and any content that you post in your account, is also viewable by other Users. We are not responsible for the privacy practices of other Users. Accordingly, we recommend that you carefully consider what you post to the Service before doing so.
Search Engines. Your Public Information may also be accessible through search engines, such as Google or Yahoo, just like with many common social media services.
Other Third Parties. We may also share Personal Information about you with other third parties in the following circumstances:
• With Your Consent. We may disclose your Personal Information with your permission. We may seek your permission in various ways. For example, we may present you with an “opt-in” prompt when you register to use the Service or access certain content.
• To Comply with Legal Obligations. We may access, preserve, and disclose your Personal Information or other account information if we believe doing so is required or appropriate to (i) comply with laws, law enforcement requests, and legal process, such as a court order or subpoena; (ii) respond to your requests; or (iii) protect your, our or others’ rights, property, or safety.
SECURITY OF YOUR INFORMATION
We maintain administrative, technical and physical safeguards that are intended to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any Personal Information you provide to us.
DATA RETENTION
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you and mandatory retention periods provided by law and the statute of limitations.
THIRD PARTY PRIVACY PRACTICES
This Privacy Policy applies only to the processing of your Personal Information by FM.sr. The Service may contain links to third party sites, such as third party content providers (“Third Party Sites”). The policies and procedures described in this Privacy Policy do not apply to Third Party Sites. The links from the Service to any Third Party Sites do not imply that we endorse or have reviewed the Third Party Sites, for which you will be solely responsible.
CHILDREN’S PRIVACY
We do not knowingly collect, maintain, or use personal information, as defined by the Federal Trade Commission’s Children’s Online Privacy Protection Act Rule, from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you are located in the EEA, we do not knowingly collect, maintain, or use Personal Information from children under 16 years of age, and no part of the Service is directed to children under the age of 16. If you are located in Mexico, we do not knowingly collect, maintain, or use Personal Information from children under 18 years of age, and no part of the Service is directed to children under the age of 18. If we learn that we have collected any Personal Information from children under 13 ( 16 in the EEA or 18 in Mexico), then we will promptly take steps to delete such information and terminate the child’s account. If you are located in Brazil, we do not knowingly collect, maintain, or use personal sensitive information, as it is defined in the applicable law. We will only collect, maintain, or use any personal sensitive information pursuant to your previous and express consent.
DATA TRANSFERS
If you are visiting the Service from regions with laws governing data collection and use, then please note that you are agreeing to the transfer of your Personal Information to the United States and processing globally. By providing your Personal Information to the Service, you consent to any transfer and processing in accordance with this Policy.
If you are located in the EEA, United Kingdom, Switzerland or Brazil, we comply with EU, United Kingdom, Switzerland, or Brazil data protection law, as applicable to you, when transferring your Personal Information outside of the EEA, United Kingdom, Switzerland or Brazil. In particular, we may transfer your Personal Information to non-EEA countries, including to the United States where we are headquartered. To protect Personal Information transferred from the EEA, United Kingdom or Switzerland to the United States, FM.sr relies on one or more of the following legal mechanisms: Standard Contractual Clauses issued by the European Commission and consent of the individual. Although the EU-U.S. and Swiss-U.S. Privacy Shield frameworks have been ruled inadequate for the transfer of data, FM.sr will continue to protect personal information from the EEA, United Kingdom and Switzerland according to the standards of the Privacy Shield. To learn more, read our Privacy Shield Policy.
PRIVACY OPTIONS AND SETTINGS
Account Information. Once you have registered for the Service, you may change your profile settings in your account on the Service. For example, you can change the email address and password associated with your account and you may choose to keep your Follow Lists private. If you are a broadcaster, you can change the information you provided to us by contacting us per the information below.
Favorites. Once you have registered for the Service, you may change your profile information at any time to make your Favorites private. If you registered for the Service prior to May 7, 2014, then your Favorites will be private until you sign into your account, at which time they will be made public.
Devices. You can access the Service from multiple devices if you sign into your account on the devices or register them on the Service. If you would like to disconnect your account from any of these devices, you can unregister the device through your account settings on the Service.
Location Information. You can prevent us from collecting location information from your device by changing the settings on your device, if your device allows you to do so; however, if you do not provide us with location information you may not be able to fully use the Service. Please note that we will continue to receive your IP address and use it as described above to determine, for example, your location to comply with our licensing agreements.
Opt-out. Each marketing email communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. You may also contact us as indicated below to have your name deleted from our email mailing lists, or you may update your communication preferences in your account settings on our Website. Please note, however, that certain communications, such as push notifications, require you to change the settings on your device if you wish not to receive any future communications. In addition, on occasion we may send service-related announcements, such as disruption notifications, via email and you may not be able to opt-out of these communications.
Do Not Track. Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our Website does not currently respond to such signals.
YOUR DATA PROTECTION RIGHTS (EUROPEAN ECONOMIC AREA AND BRAZIL).
If you are located in the EEA, Switzerland, Mexico or Brazil, you may have the following additional rights to:
• Request access to and receive information about the Personal Information we maintain about you or have shared with third parties, to update and correct inaccuracies in your Personal Information, restrict or to object to the processing of your Personal Information, have the information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place; and /or
• Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.
These rights may be limited in some circumstances by local law requirements. You may exercise these rights by using the Contact Information section below.
CHANGES TO OUR PRIVACY POLICY AND PRACTICES
Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, then bookmark this page and read this Privacy Policy periodically.
New Uses of Information. From time to time, we may desire to use or disclose Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, then we will make reasonable efforts to provide notice and obtain consent prior to any such uses as may be required by law.
Contact Information. If you have any questions, would like to exercise your rights or share suggestions for improving the Privacy Policy or the Service, or otherwise would like to contact us, then please feel free to contact us per the information below.
FM.sr Suriname
[email protected]
If you are located in the EEA and would like to raise a question to us about your Personal Information, or otherwise exercise your rights in respect of your Personal Information, then you may also contact our data protection representative.