Privacy Policy

GENERAL

  1. Our company (“Company”, and together with “Radio Station”, “we” or “us” or “our”), builds, hosts, maintains and manages the radio broadcast app (the “Radio App”) you have downloaded and are using. However, the Radio App itself is licensed from us by Mega-Philadelphia, LLC (the “Radio Station”). The Radio Station owns and controls the particular account on the app store from which you downloaded the Radio App, and the Radio Station has full control over all content transmitted through the Radio App. We do not have any ownership of or control over the content delivered over the Radio App, except to the extent that we may inlay and serve certain advertisements that you hear via the Radio App.  The reference to Radio App will also include, as and when appropriate for the context, where listeners access Radio Station broadcasts from our website or another website.
  2. The following privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Radio App, about the types of information that Company and/or Radio Station may gather or collect from you in connection with your access to the Radio App. It also is intended to explain the conditions under which Company and/or Radio Station uses and discloses that information, and your rights in relation to that information. This Privacy Policy can be updated from time to time and, therefore, we ask you to check back periodically for the latest version of this Privacy Policy.  
  3. The Radio App is hosted in the United States of America (“United States” or “U.S.”) and is subject to U.S. state and federal law. If you are accessing the Radio App from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by accessing the Radio App, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your access to the Radio App and your agreements with us. Any persons accessing the Radio App from any jurisdiction with laws or regulations governing personal data collection, use and disclosure different from those of the jurisdictions mentioned above may only use the Radio App in a manner lawful in their jurisdiction. If your access to the Radio App would be unlawful in your jurisdiction, please do not access the Radio App.
  4. BY ACCESSING THE RADIO APP, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.
  1. USE BY CHILDREN
    1. 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 Radio App 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 Radio App, 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 Radio App or has otherwise transferred personal information to us through the Radio App, please contact the Company using our contact information below to have that child’s personal information deleted.
  2. GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY- IDENTIFYING INFORMATION
    1. This Privacy Policy regulates the processing of your personally-identifiable information. “Personally-Identifying Information,” is information such as a name, email address or telephone number that, without more, can be directly associated with a specific person. 
    2. We also collect and process “Non-Personally-Identifying Information” which is information that, without the aid of additional information, cannot be directly associated with a specific person. Company gathers from users of the Radio App Non-Personally-Identifying Information of the sort that devices, depending on their settings, may make available. That information includes, for users accessing the Radio App over the Internet, a user’s Internet Protocol (IP) address, operating system, and browser type. If you use a mobile device to access the Radio App 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 Radio App to help Company better understand how the Radio App is being used, how to promote the Radio App, 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 Radio App 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 Radio App users in the aggregate, such as by publishing a report on trends in the usage of the Radio App.
  3. LAWFUL BASES OF PROCESSING
    1. Where Company is acting as a data controller, that determines the purposes and means of processing your personal data, such as when we collect, use, and share personal data as described herein, we must have a lawful processing basis for doing so. The lawful bases we rely on for processing personal information are (if and when applicable): 
  1. Processing is necessary for the performance of a contract to which the data subject is party. For example, to respond to your customer service inquiries and requests for information;
  2. Our legitimate interest to facilitate the functionality of the Radio App, as well as to maintain, improve, and analyze our website, apps, advertisements, and the products and services, or in order to detect, prevent, or investigate security breaches or fraud;;
  3. In order to comply with our legal obligations, for example to maintain appropriate records for internal administrative purposes and as required by applicable law; and
  4. Your consent. For example: to send you via email and other electronic means personalized promotions and special offers or informing you about our professional services, offerings, events, or other promotional purposes.
  1. TOOLS USED IN CONNECTION WITH OUR SERVICES. 
    1. Web Cookies. A “Web Cookie” is a string of information which assigns you a unique identification that a website stores on your computer or device, and that the user’s browser provides each time the user logs on to or submits a query to the Radio App. We use cookies on the Radio App to keep track of services you have used and activities you have performed, radio stations you have listened to and listening and call-in habits, to record, if applicable, registration information regarding your login name and password, to record your use preferences, if applicable, to keep you logged into the Radio App, if applicable, and to facilitate purchase procedures, if applicable. Company also uses Web Cookies to track the pages that users visit and activities performed during each Radio App session, both to help Company improve users’ experiences and to help Company understand how the Radio App is being used. As with other Non-Personally-Identifying Information gathered from users of the Radio App, Company analyzes and discloses in aggregated form information gathered using Web Cookies, so as to help Company, its partners and others better understand how the Radio App is being used. Most browsers allow you to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings and learn how to use them, please consult the “Help” function of your browser, or the documentation published online for your particular browser type and version you can check if the procedure for your browser is mentioned in this explanatory website or here. USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS OR DEVICES SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE RADIO APP, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE RADIO APP MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
    2. Web Beacons. A “Web Beacon” is an object that is embedded in a web page or application that is usually invisible to the user and allows operators to check whether a user has viewed a particular web page, application or an email. Company may use Web Beacons on the Radio App 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 Radio App 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.
    3. Advertising Tools and Services. We or broadcasters may either directly or through third-party companies serve ads to you when you access the Radio App. Advertisers may use information about your use of the Radio App (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 Radio App 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. If you are accessing the Radio App 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.
    4. Analytic Tools. We use third party services that we use to track activity related to our services, such as Google Analytics and Google Firebase. We may use third-party vendors, including Google, who use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve ads based on your past activity on our 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 collect under any of the above circumstances we may share with third parties. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Radio App 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 Radio App 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.
    5. Geo-Location Information. We derive certain inferences based upon your IP address, the telephone number that you use to access the Radio App, Wi Fi network data or cell tower triangulation. As such, we may record general non-specific locations. As stated above, 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 Non-Personally-Identifying 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 may 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 Radio App while in another country.
    6. 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. 
  2. PUSH NOTIFICATIONS 
    1. 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. 
  3. COLLECTION, USE AND DISCLOSURE OF PERSONALLY- IDENTIFYING INFORMATION
    1. Information Collection
      1. As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. Company may collect Personally Identifying Information from and about the Radio App users. Much of the Personally-Identifying Information collected by Company about users is information provided by users themselves when (1) registering for the Radio App, (2) dialing in to the Radio App, (3) logging in with social network credentials, (4) participating in polls, contests, surveys or other features of the Radio App, or responding to offers or advertisements on the Radio App, (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 Radio App from a telephone or mobile device we may also obtain your telephone number which may also be used for tracking your use of the Radio App.
      2. Users of the Radio App are under no obligation to provide Personally- Identifying Information of any kind, though some information, like a telephone number, may be provided automatically when using the Radio App. We may also use reverse look up functionality in order to obtain the name of a person associated with a particular phone number. We store Personally-Identifying Information and linked Non-Personally- Identifiable Information that we gather about you through the Radio App, through social media, through linked social media applications, or that you give to us voluntarily in any other way, and we may use it in accordance with this Privacy Policy.
      3. BY REGISTERING WITH OR USING THE RADIO APP, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION” SECTION.
    2. Company Communications
      1. 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.
      2. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings.
    3. Social Media
      1. We may provide you the option to connect your account, if applicable, on the Radio App 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 Radio App. When logging in using your social network credentials, such as your Facebook account, we may collect the Personally Identifying 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 Radio App 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.
    4. Company Disclosures
      1. Company will disclose Personally-Identifying Information to the following categories of third-parties, under the following circumstances: 
      2. Broadcasters/Advertisers. Through your access to the Radio App, we collect a variety of information regarding how you use the Radio App, 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 Radio App as well as to our advertisers. Broadcasters may use the information we disclose about you only for their internal purposes, such as improving programming, contacting you as a listener of their programming, in order to deliver advertising, and for related purposes. Advertisers may use information to assist in providing you with targeted advertising.
      3. Marketing Communications. Unless users opt-out from receiving Company marketing materials, Company may push notifications through the Radio Service.
      4. As Required by Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our Company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our terms of use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
      5. Affiliates. We may share some or all of your personal information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates would include a parent company or any subsidiaries, joint venture partners, or other companies that we control or that is under common control with us. Such intercompany transfers may be to and from the United States and any other country in which we or our agents maintain facilities for the purposes identified in this Privacy Policy, as well as for storage, processing or other business use as permitted under this Agreement.
        1. 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, credit card processing, payment gateways, subscription processing 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 Radio App. 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. 
        2. Business Transfers; Bankruptcy. Company reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of Company’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt- out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.
    5. General Use
      1. We use the Personally-Identifying Information in the data we maintain about you, and other information we obtain from your current and past activities in connection with the Radio App to: deliver the products and services that you have requested, manage your account, if applicable, and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on the Radio App and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our terms of use, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personally Identifying Information to identify users using multiple listener IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made through the Radio App, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
  4. CONTESTS, GIVEAWAYS AND SURVEYS
    1. From time to time, Company may offer users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. From time to time, Company may also ask users to participate in surveys designed to help Company improve the Radio App. Any Personally-Identifying Information provided to Company in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally- identifying, aggregated form.
  5. COLLECTION AND USE OF INFORMATION BY THIRD PARTIES GENERALLY
    1. Third parties are under no obligation to comply with this Privacy Policy, with respect to Personally-Identifying Information that users provide directly to those third parties or that those third parties collect for themselves. These third parties include advertisers, providers of games, utilities, widgets and a variety of other third party applications accessible through the Radio App. Company neither owns nor controls the third-parties and applications accessible through the Radio App. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties. Before visiting a third-party, or using a third party application, whether by means of a link on the Radio App, directly through the Radio App, or otherwise, and before providing any Personally- Identifying Information to any such third party, users should inform themselves of the privacy policies and practices (if any) of the third parties, and should take those steps necessary to, in those users’ discretion, protect their privacy.
  6. SECURITY
    1. 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.
  7. WIRELESS CONSENT POLICY
    1. You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to us with your wireless operator account profile information for the duration of the business relationship.
  8. PRIVACY POLICY CHANGES
    1. Company may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to Company’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account, if applicable. Users should regularly check this page for any changes to its Privacy Policy. Company will always post new versions of the Privacy Policy within the Radio App.
  9. CALIFORNIA PRIVACY RIGHTS
    1. 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.
    2. DO NOT TRACK POLICY. The Radio App does not respond to “Do Not Track” signals or mechanisms.
  10. GDPR
    1. Provisions for persons governed by the General Data Protection Regulation (GDPR) are found in Annex 1.
  11. CONTACT

If you have any questions regarding our Privacy Policy, please contact our privacy officer at:

Privacy Officer

Mega-Philadelphia, LLC

Email:   info@lameganation.com

Phone: 215-426-1900

 

ANNEX 1

GDPR PROVISIONS

Please note that this privacy policy shall apply to processing operations of Personal Data related to General Data Protection Regulation (GDPR) protected individuals. “Personal Data” means any information that can be used, alone or together with other data, to uniquely identify any living human being. The Privacy Policy provisions are qualified as follows for such protected individuals.

  1. WHAT PERSONAL DATA WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED

Consequences of not providing the data

Period of Storage

Third Parties with whom we Share your Data

Why is the data collected and for what purposes?

Data We Collect

Use Case

Legal Basis: It is either: (i) necessary to provide our Services to you, or (ii) following a User’s request, prior to entering into an agreement with us.

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