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Last Updated: 2022-02-16 02:17:00

 

Flexr Music Group, Inc., has established a comprehensive Privacy Policy ("the Policy") which is designed to help protect your privacy rights. By using the FMG+ Service, you, the user, agree to the terms of the Policy. The following bullet points are an overview of our Policy and the significant control you have over how your data is shared:

  • Your Personally Identifiable Data and Protected Private Information will never be sold to third parties.
  • While no system can be perfect, we have secure systems in place to protect your sensitive Private Information.
  • If you have any inquiries, complaints, or concerns about the collection, protection and dissemination of your data, please access the Contact page to find our contact information.

Please read the Privacy Policy below for a full treatment.

Privacy Policy:

FMG+ is provided by Flexr Music Group Inc ("FMG"). FMG collects information about you when you use flexrmusic.com and any/all associated subdomains. Once collected, there are certain parties with whom FMG may selectively share this information. Collectively, the Site and the API ("API" is the FMG+ Application Programming Interface are hereby referred to as the "Service."

If you would like to opt-out of the collection of your Personally Identifiable Information, please email flexr@flexrmusic.com. If you find any part of the Policy unacceptable, please discontinue your use of the Site immediately, as this Policy is integrated into, and subject to the Terms of Service for the use of the Site and the Terms of Service for the usage of the API. Your use of any or all components of the Service, including but not limited to the Site and the API, constitutes a knowing acceptance and agreement to the terms and provisions of the Policy.

1. Definitions:

  • User: For the purposes of the Policy, a user shall be defined as someone who is either directly interacting with the service or someone who is interacting with the service via any third party who is using the API.
  • Personally Identifiable Information: Unencrypted data that encompasses a user's email address, address of residence, or phone number.
  • Public Information: Data which a user has submitted to the Service, or has been accumulated by the Service through its use, and is available to be viewed and/or consumed by any user of the Service or the general public. This may include, but is not necessarily limited to playlists, tags, comments made through your Facebook or Twitter login, listening history, a user's combined first and last name, and/or information accessible on a user's public profile.
  • Anonymous Information: Data which a user has submitted to the Service, or has been accumulated by the Service, that is not reasonably able to be connected to or associated with any Personally Identifiable Information.
  • Protected Private Information: Data which consists of Paypal username, Paypal password, credit card number, credit card expiration date, credit card CSC, credit card type, and password (plain text or encrypted)

2. Information we collect and who can access it:

  • Public Information: To provide the needed data to make the Service possible, FMG collects and stores information that includes, but is not necessarily limited to:
    • User information submitted to register for our Service;
    • Information entered into user profiles;
    • Music library information (as well as accompanying information such as tags, ratings, usage data, and comments);
    • Information submitted to polls, contests, surveys, or other features of the Service, or information about when you respond to offers or advertisements on the Service;
    In addition, FMG stores and in some cases displays this information as necessary to fulfill our legal obligations, resolve disputes, and enforce our agreements. FMG may provide third parties with Public information about users as long as it is not Personally Identifiable Information or Protected Private Information.
  • Public Information and the API: FMG may share Public Information (excluding any Personally Identifiable Information) via the API.
  • Personally Identifiable Information: FMG collects, stores, and in some cases displays Personally Identifiable Information within the Service. This information is needed to enable certain features the Service provides, and is stored for as long as you have an account, and as necessary to fulfill our legal obligations, resolve disputes, or enforce our agreements. Personally Identifiable Information, such as a user's email address, address of residence, or phone number, will not be shared with any third party without consent from the user unless otherwise stated in this policy or the Terms of Service.
  • You should also be aware that if you voluntarily disclose personally identifiable information on openly viewable parts of the service, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of FMG and this Policy.
  • Access to Personally Identifiable Information: If your personally identifiable information changes you may update it as necessary. If or you no longer desire our service, you may deactivate your account by making the change on our member information page, emailing us at flexr@flexrmusic.com, or by contacting us by email or postal mail at the contact information listed below. We will respond to your request to access within 30 days.
  • Data Retention: We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at flexr@flexrmusic.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
  • Personally Identifiable Information and the API: Certain features in the Service may allow for or be introduced to allow for integration between the Service and other third party services. In order for some features to be provided, some Personally Identifiable Information may need to be transferred between FMG and the third party who is using the service.
  • Should you utilize any feature or piece of functionality in the Service and (A) provide your username and/or password to a third party service, such as a credit card processor, or (B) authorize the exchange of data from the third party service to the Service via the third parties website, API, or product, you authorize FMG to share your Personally Identifiable Information with such a third party service with the exception of any Protected Private Information which will not be shared.
  • Anonymous information: FMG records anonymous information about users of the service, which is stored as necessary to fulfill our legal obligations, resolve disputes, and enforce our agreements. This information does not link any statistic with any particular user. This data may include, but is not limited to, averages and or totals of browser and operating system types, entry and exit pages, user, artist, or album popularity, demographic information, and amount of data transferred. This information may be shared with any third party FMG chooses at any time and for any length of time (including making this data available via the API).
  • IP Address Information: When you use the Site and/or Service, the IP Address of the computer or network device making the request is stored. IP address information is stored for no more than six months from the date the information is recorded. This data may be stored for longer, as necessary to fulfill our legal obligations, resolve disputes, and enforce our agreements, if FMG is so ordered to do so by a United States court of law with proper jurisdiction. This may be done without any notification to the user. This information may also be kept longer than six months by FMG if a user is found in FMG's judgment to be suspect of carrying out illegal, unlawful, or dangerous activity with or within the Site and/or the Service.
  • Newsletters: If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice and Opt-out" section below.
  • Choice/Opt-Out: You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at flexr@flexrmusic.com or you may update your settings within your profile.
  • Facebook Connect: You can log in to our site using sign-in services such as Facebook Connect provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
  • Tell-A-Friend: If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Flexr Music Group stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at flexr@flexrmusic.com to request that we remove this information from our database.
  • Legal Disclosure: We may also disclose your personal information:
  • a) as required by law, such as to comply with a subpoena, or similar legal process
  • b) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  • c) to any other third party with your prior consent to do so.

3. Advertising:

  • Advertisers are not given special access to a user's Personally Identifiable Information unless otherwise stated in this Policy or the Terms of Service. If you choose to follow an advertisement link, you do so at your own risk. FMG does not guarantee the safety or accuracy of any third party site, advertisement, or product. Advertisers also have their own privacy policies and terms of service that must be carefully reviewed.
  • The Service may use "cookie" technology to collect website usage data and make your advertising more relevant. You can remove or block cookies by altering your browser's cookie settings. The Service may also use "flash cookie" technology as part of the music player to store User preferences and session information.
  • We may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. No personally identifiable information is on, or is connected to, these cookies.
  • We may use the non-Personally Identifiable Information that we collect to customize and personalize the advertising and the content you see.
  • FMG may allow third parties to place cookies and/or other tracking technologies, such as web beacons, clear GIFs, and/or tracking pixels, on the Site for the purpose of allowing that third party to record that a user has visited the Site and/or used the Service, or to gather other information, provided that such a third party is doing so only to collect Anonymous Information that shall not include any Personally Identifiable Information. In some instances third-parties may request an encrypted or "hashed" (non-human readable) user identifier that may correspond to other information already obtained from another party on a particular user. 

4. Surveys:

  • You may choose to answer surveys posed through lalaplus.com by FMG and/or a third party. This policy does not cover survey responses you provide to any third party. Survey responses you provide to FMG may be published, transferred, sold or licensed to third parties; however, no Personally Identifiable Information will be included with the survey responses except for that Personally Identifiable Information you provide as a survey response.

5. Data Security:

  • FMG takes reasonable steps to protect information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. FMG has in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
  • The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

6. Enforcement:

  • FMG uses a self-assessment approach to ensure compliance with the Policy and Safe Harbor Principles. FMG periodically verifies that the Policy is accurate, accessible, and comprehensive as to issues regarding the user, prominently displayed, and completely implemented. We encourage users to address any inquiries, concerns, or complaints using the contact information listed on the Contact page. Upon such a request from an EEA/CH user, FMG will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information in accordance with the Principles of the Safe Harbor.
  • Only for use relating to data that is received by FMG from users residing in the EEA/CH ("EEA/CH data subjects"), if a complaint cannot be resolved through our internal process, FMG agrees to dispute resolution through an independent recourse mechanism. FMG+ complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

7. Minors:

  • FMG does not knowingly collect or solicit Personally Identifiable Information from or about children under age 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe FMG has any information from or about anyone under 13, please contact us at flexr@flexrmusic.com.

8. Forum Selection and Choice of Law:

  • This Policy, which is an agreement between you and FMG, shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. You and FMG agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Pennsylvania and County of Allegheny.

9. Indemnification:

  • You, the user, hereby indemnify and hold harmless, and upon FMG's request, defend, FMG and its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any external party gaining access to and/or utilizing FMG's API in a way which violates FMG's API TOS.

10. Privacy Policy Updates:

  • FMG is committed to protecting your privacy while providing you with a competitive and secure Service. As such, FMG will evaluate the terms of this Policy on a rolling basis and make necessary revisions to the Policy as new technology, law, and business concerns arise. Therefore, FMG may make periodic revisions or alterations to the Policy. FMG reserves the right to revise this agreement at any time, so please occasionally re-read this page; however, if material alterations occur, we will also provide Notice on our home page, by email, or by blog post. Nonetheless, any revisions will be posted to this page along with the most current date of revision.

11. Contact:

  • If you have any inquiries, complaints, or concerns about the collection and dissemination of your data, please email us at flexr@flexrmusic.com.

12. Notice of Safe Harbor Compliance:

  • For the personally identifiable information of users received from the European Economic Area ("EEA"), FMG is committed to handling such personal information in accordance with the U.S. Department of Commerce's Safe Harbor Principles. FMG's Safe Harbor certification can be found at http://safeharbor.export.gov/list.aspx. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website at http://export.gov/safeharbor.
  • FMG recognizes the European Union's comprehensive privacy and data protection legislation, the Directive on Data Protection 95/46/EC ("the Directive") which applies to the EEA. FMG also recognizes Switzerland's ("CH") Federal Act on Data Protection ("FADP"). Together, these data protection regimes ("EEA/CH") restrict companies and other organizations from transferring personal data from the EEA/CH to countries that do not meet mandated "adequacy standards" for when it is received in third party countries, such as the United States. Based on the commitments and assertions of the Policy, FMG hereby asserts compliance with the Principles of the Safe Harbor.
  • This Notice applies to EEA/CH data subjects.
  • FMG gives EEA/CH data subjects the option of being able to request access to your information profile so that you may correct, amend, or delete information.

 

Cheers!

Team Flexr

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