Privacy Policy

This Privacy Policy was last updated on November 4, 2013.

Gaincode, Ltd. Privacy Policy

Welcome to Gaincode! This Privacy Policy is effective for Gaincode, Ltd. (“Gaincode”, “we”, “us” and/or “our”) and it applies to the Gaincode web site and associated pages (the “Site”), the content directory, tools, and applications (together with the Site, the “Service”).The purpose of this Privacy Policy is to inform users of the Service about the information that we collect, how we use that information and the ways users can control how that information is used or shared. The entire policy can be found below. For information about users’ obligations and use of the Service, please see our Terms of Service.

We will continue to evaluate this Privacy Policy and update it accordingly when there is a change to our business practices, our users’ needs, and to comply with regulatory and legal requirements. Please check this page periodically for updates. If we make any material changes to this Privacy Policy, we will post the updated Privacy Policy here and notify you by email or by means of a notice on our website.

The types of information we collect

When you interact with the Service, we may collect personal data and other information from you as described below.

Information you give us

To enable you to enjoy certain features of our Service, we collect certain types of information, including personally identifiable information, during your interactions with our Service. For example, we collect information when you:

  • Register to use our Service; and
  • Participate in polls, contests, surveys or other features of the Service, or respond to offers or advertisements on the Service.

When you register to use the Service, we ask you to provide certain personal information, which includes your email address, birth year, gender, zip code and/or other geographic information, as well as a password for your account.

By voluntarily providing us with personal information, you are consenting to our use of it in accordance with this Privacy Policy. If you provide any personal information, you acknowledge and agree that such personal information may be transferred from your current location to our offices and servers and the authorized third parties.

Automatic Data Collection

Listening Activity: We keep track of your listening activity. We collect information about stations, favorites, artists and tracks you have listened to or in which you have expressed an interest.Information about your computer or device: We may also collect information about the computer, mobile or other devices you use to access the Service. For example, our servers receive and record information about your computer and browser, including potentially your IP address, operating system, browser type, and other software or hardware information. If you access the Service from a mobile or other device, unless you register, we may assign a unique device identifier for that device.

Location-based information: On our Site, we do not collect your zip code, postal code, city or country unless you choose to provide this information to us at registration. Your general geo-location is collected at regular intervals if you use the Service on your mobile device. We collect this information to provide content and services that are customized for your geographic area.

Tracking technology: We use what are commonly called “cookies” on our Site. A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. These cookies help us improve the Service, provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. We may also be able to capture other data such as searches conducted and results, date, time, and connection speed. In all cases in which we use cookies, we will not collect personal information except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features. Third parties, including advertisers and third-party advertising companies, whose products or services are accessible or advertised via the Service may also use cookies, and we advise you to check their privacy policies for information about their cookies and other privacy practices.

Our use of the information we collect

We use the information that we collect for the following purposes:

  • To personalize and customize the advertising and the content you see.
  • To improve and enhance the listener experience. We use tracking information to determine how well each page and station performs overall based on aggregate listener demographics and traffic patterns to those pages and stations. This helps us build a better service for you.
  • To fulfill your requests for certain products and services, such as sending out electronic newsletters and enabling you to participate in polls, contests, and boards.
  • To send you information about topics or content that we think will be of interest to you based on your preferences, habits or geographic location.
  • To send you information about the latest developments and features on our Service.
  • To provide technical support.

How the information we collect is shared

We are not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your personal information with certain third parties without further notice to you, as set forth below:

  • Information you allow us to share when you register with us, or through a subsequent affirmative election.
  • Information used when we hire or partner with third parties to provide business-related services on our behalf, such as mailing information, maintaining databases, processing payments, sweepstakes management and prize fulfillment, data processing, customer/support services and other products or services that we choose to make available to our registered listeners. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
  • We may share your information in connection with a merger between Gaincode and another entity, or in the event of a transfer of all or some of our assets to another company.
  • We may share information with our subsidiaries and affiliates for purposes consistent with this Privacy Policy.
  • We may share your information if required to do so by law or in the good faith belief that such action is necessary in order to (i) comply with a legal obligation, (ii) protect or defend our legal rights or property as well as those of our business partners, employees, agents and contractors (including enforcement of our agreements); (iii) act in urgent circumstances to protect the personal safety of users or the public; (iv) protect against fraud or risk management purposes; or (v) protect against legal liability.

Non-Identifiable or Aggregated Data

We also receive and store certain non-personally identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors’ Internet service providers, and how our users use and interact with the Service. Also, in an ongoing effort to better understand and serve the users of the Service, we often conduct research on our customer demographics, interests and behavior based on the personal information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share this non-identifiable and aggregate data with our affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.The use and disclosure of this non-personally identifiable information is not subject to restrictions under this Privacy Policy.

Your Choices

You can visit the Site without providing any personal information. If you choose not to provide any personal information, you may not be able to use certain features of our Service.

Exclusions

This Privacy Policy does not apply to any personal data collected by Gaincode other than personal data collected through the Service. This Privacy Policy shall not apply to any unsolicited information you provide to us through the Service or through any other means. This includes, but is not limited to, information posted to any public areas of the Service, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non- confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

How we protect your information

We have taken reasonable steps to protect the personal information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Consent to processing

If you use the Service outside of the BVI, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in the BVI and other countries or territories. The laws on holding personal information in the BVI may vary and be less stringent than laws of your state or country.

Children

We do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, please do not submit any personal information through the Service. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information through the Gaincode Service without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us through our Service, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Web Sites

This Privacy Policy applies only to the Service. The Gaincode Service may contain links to other web sites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Service do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

What are my privacy options and how can I change my settings?

To modify your registration information: Once you have registered, you can change your registration information (including your email address and password).Opt out: Each email communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our email mailing lists, please contact us as indicated below. Note however, that certain communications, such as push notifications, require you to change the settings on your device if at any time you wish not to receive any future communications. Note that on occasion we send service-related announcements, such as disruption notifications, and you may not be able to opt- out of these communications.

English language version shall control

The English language version of this Privacy Policy is the version that governs your use of the Service and in the event of any conflict between the English language version and a translated version, the English language version will control.

Contact us:

If you have any questions about this Privacy Policy, or the privacy practices of Gaincode, email support@gaincode.com or write to us at Gaincode, Ltd.,

3A Little Denmark Complex,

147 Main Street, P.O. Box 4473,

Road Town, Tortola, British Virgin Islands VG1110