Privacy Policy
Last Updated: November 3, 2020
a. Information We Collect about You
b. Information You Provide
c. Geolocation Information
d. Third-Party Social Networking Services
e. Advertisers
2. Use of Information
3. How We Share Information
4. Links to Third-Party Sites
5. Information Security
6. Choices Regarding Your Personal Information
7. Information Retention
8. Third-Party Service Providers
9. Children's Privacy
10. Your California Privacy Rights
11. Changes in the Privacy Policy
12. How to Contact Us
Welcome to Mixer Radio a website available at www.mixerradio.com (the “Site”) and our mobile application (the “App” and, together with the Site, collectively, the “Services”). The Services are owned and operated by Mixer LLC (“Mixer Radio,” “we,” “us,” or “our”). We have developed this Privacy Policy to inform our users (“user(s),” “you,” or “your”) about how we collect data through our Services, how we use the collected data, and a user’s rights with respect to the collected data. This Privacy Policy is binding on all those who access, visit the site and/or use our Services, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind.
Please read this Privacy Policy carefully. If you do not agree to be bound by this Privacy Policy, then do not access or use the Services. By accessing and/or using the Services, you accept and agree to be bound by this Privacy Policy as well as our Terms and Conditions, which is hereby incorporated by reference.
You must be at least THIRTEEN (13) years old to access the site and use our services. If you are under thirteen (13) years old, you are not permitted to use this Site, the App, or any part of the Services for any reason.
Mixer Radio is hosted and operated in the United States and access to the Services is intended only for users located within the United States. MIXER RADIO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT ACCESS TO OR USE OF THE SERVICES OUTSIDE OF THE UNITED STATES IS LAWFUL OR PERMISSIBLE. Your access to the Services is at your own risk and you are responsible for compliance with all applicable laws, rules, regulations, and treaties.
If you have any questions about this Privacy Policy, please contact us at support@mixerradio.com or at the contact information below.
1. Information We Collect
When you use our Services, we collect and process the following types of information:
a. Information We Collect about You
We collect information about your use of our Services, including but not limited to your Internet connections, computer/device equipment, web browsers, phone network carrier, sites visited before using or accessing our Services, sites visited after leaving our Services, and other similar information about traffic and usage, as you navigate to, through, and away from our Services. This is called “Non-Personal Information” because it does not identify you, but provides insights to us regarding your use of the Services.
We also use automated data collection tools, such as Cookies and Web Beacons, to collect certain types of Non-Personal Information. You can set your browser to reject Cookies, but that may limit your use of some convenience features on the Services. For more information on Cookies and how the Services use Cookies, please see our Cookie Notification.
Web Beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, and to monitor how many visitors view our Services. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages or in an e-mail.
Log Data refers to certain information about how a user (including both account holders and non-Account holders) uses our Services. Log Data may include information such as a user’s Internet Protocol address, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a user clicked on, and other statistics.
You may be given the option to receive push notifications while using our Services. In order to serve push notifications, we may need to collect your IP address and a persistent identifier from your device. You can turn off push notifications in your device settings.
b. Information You Provide
When you register to use our Services (i.e., set up an account); respond to a communication; enter in a contest; complete a survey, poll, or other promotion; provide feedback; contact us via phone, e-mail, or postal mail, and so on, we will collect certain types of the information you provide to us. These types of data are called “Personal Information” because it can be used to identify you. This may include your first and last names, mailing address, e-mail address, phone number, organization, gender, date of birth, geolocation information, and/or your IP address.
We also collect information about how you use our Services, such as the types of content you view or interact with, the features you use and actions you take, the people or groups you interact with, and the frequency and duration of your activities. By using the Services, you may also choose to disclose or provide your communication preferences and/or to upload and share photos, images, text, audio, and/or video through your Mixer Radio account.
Collectively in this Privacy Policy, Personal Information and Non-Personal Information is referenced as “Information.”
c. Geolocation Data
You may choose to allow us to access your location by granting the Site and/or the App access to your location when prompted or through your device’s location services settings. As noted earlier, you may change these settings on your device.
When you download the App and install it on your mobile device(s) and/or associated computing device, you acknowledge that the App will access the Global Positioning Systems (“GPS”) functionality within your mobile device, and the App will subsequently share that GPS information with your associated computing device and with our cloud-based software and systems. This geolocation data collection and subsequent sharing of GPS information enables the core functionality of the App, and without receiving geolocation data from your mobile device, the App may not perform correctly.
When you connect to the Services, we are able to recognize the internet (IP) address of the computer providing you with internet access. Our use of this IP address may be to help diagnose problems with our server or otherwise administer our Services. This IP address may also be used to gather demographic information.
d. Third-Party Social Networking Services.
Additionally, if you choose to access, visit, and/or use any third-party social networking services that may be integrated with our Services, we may receive your Personal Information and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts on those services. For example, some social networking services allow you to push content from our Services to your contacts or to pull information about your contacts so you can connect with them on or through our Service. Some social networking services also will facilitate your registration for our Services or enhance or personalize your experience on our Services. Your decision to use a social networking service in connection with our Services is voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available to our Services by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services.
e. Advertising.
Advertisers can also send us information related to your activities, such as information about your device, websites you visit, purchases you make, the ads you see, and how you use their services, even if you are logged into your Mixer Radio account. We may also receive information about your online and/or offline activities from third-party data providers. Our advertising partners receive your data when you visit or use their services or through third parties they work with. We require each of these advertising partners to have lawful rights to collect, use, and share your data before providing any data to us.
2. Use of Information
To personalize our Services so that they are unique and relevant to you, we may use your connections, preferences, interests, and activities based on the information we collect and learn from you and others and how you use and interact with our Services. We use information collected by clickstream data collection, web pixels, and Cookies to improve our Site and App navigation, make personalized features and other services available to you, to generate statistical information, monitor and analyze user traffic and usage patterns, monitor and prevent fraud, investigate complaints and potential violations of our policies, to improve the our content and the products, services, materials, and other content that we describe or make available and to otherwise help administer and improve the Services. We also use your information, including your interests, actions, and connections, to select and personalize ads, offers, and other sponsored content that we show you while you use our Services.
You provide us with Personal Information when you create a user account, upload a photo, upload an audio clip, interact with other users, bid on an auction item, answer a survey, rate a song or check-in to an event. You acknowledge that you consent to our collecting such Personal Information and to our using it for that specific purpose, as well as marketing.
Except as otherwise stated, we may use Information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to:
· to verify your account;
· to respond to your requests and provide user support;
· to evaluate and improve the content of our Services;
· to customize the Services to your preferences and to personalize the content (including ads) or features you see when you use our Services;
· to communicate information and promotional materials to you (where you have provided your express consent, as described above);
· to maintain record of activities in connection with your use of the Services;
· to notify you of events, groups, and connections that you may be interested in based on your geographical location (i.e. a concert that is occurring where you live that we think you may like or your Mixed Radio connections who have checked in at a particular venue);
· to notify you of any changes to relevant agreements or policies;
· to make suggestions for you regarding topics, groups, or events you may be interest in;
· to enforce our agreements, terms, conditions, and policies;
· to process your auction transaction, including, but not limited to, fulfilling and providing you with merchandise you have ordered or won;
· to send you e-mail and/or postal mail supplying you with the most recent service information;
· to notify you of your contest, auctions, or sweepstakes results;
· to help advertisers and other partners measure the effectiveness and distribution of their ads and to understand the types of users who interact with their products and/or services;
· to work with our service providers who perform certain business functions or services on our behalf and who are bound by contractual obligations consistent with this Privacy Policy;
· to prevent or investigate fraud (or for risk management purposes), or to comply with a legal obligation, court order, or in order to exercise our legal claims or to defend against legal claims;
· to combat harmful conduct, detect, and prevent spam and other bad experiences, and promote safety and security while using our Services;
· to conduct aggregate analysis and develop business intelligence that helps us to enhance, operate, protect, make informed decisions and report on the performances of our Services;
· to share your information with our affiliated corporate entities for the purposes described in this Privacy Policy;
· to describe our Services to current and prospective business partners and to other third parties for other lawful purposes; and
· for other purposes identified to you and as requested by you (please note that you have the right to withdraw your consent to such use at any time by contacting us via the contact information below).
We may, from time to time, invite you to participate in surveys, from which you can earn points for use in activities on our Services, such as bidding in our auctions for concert tickets, band merchandise, etc. The information requested in these surveys may include, but is not limited to, your opinions, beliefs, insights, ideas, activities, experience, purchase history, and purchase intent regarding products, events, and Services. The information collected by these surveys is used to research market trends, company growth, community needs, etc. Your input will help us to improve customer experience and shape development of our products and Services.
We may anonymize or aggregate Information that we collect from the use of the Services, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, market trends, and other analysis that we create based on the information we receive from you and other users. If you provide Personal Information through our Services, we may aggregate that Information with other active Information, unless we specify otherwise at the point of collection.
3. How We Share Information
We do not sell or rent Personal Information to marketers or unaffiliated third parties. We do have relationships with trusted third parties, but we will not share any Personal Information that we have collected from or regarding you except as described below:
· Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities for the purposes described in this Policy which are required to treat the information in accordance with this Privacy Policy;
· Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf. We have entered into contractual relationships with these service providers and require them to comply with all applicable data privacy laws and regulations and to use the Information only for the purposes for which it was disclosed. We require that any third-party service providers limit their use of your Information solely to providing services to us and that they maintain the confidentiality, security, and integrity of your Information and not make unauthorized use or disclosure of the Information;
· Advertising partners with whom we share reports about the users seeing their ads and how ads are performing. This information is de-identified and/or aggregated — we don't share information to advertisers that personally identifies you, unless you give us permission.
· Authorized third parties, such as when you authorize a third-party application provider to access your account. The use of your Information by an authorized third party is subject to the third party’s privacy policy;
· Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy;
· As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence;
· Pursuant to your explicit approval prior to the disclosure; and
· We may share aggregated, de-identified Information with our corporate partners to let them know certain information, such as how many users viewed and interacted with certain features or services. This information does not identify any specific individual.
When you share information and/or communicate using our Services, you may post to a group, your friends and connections, the public, or a list of other users. When you private messages to communicate with other users, those users see the content you send. Your friends using the Services can also see signals telling them when you “check in” at a venue or an event.
You should always consider who you choose to share information with while using our Services. Other users who can see your activity on our Services can choose to share it with others both on and off of our Services, including people and businesses outside the audience you shared with.
4. Links to Third Party Sites
Our Services may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. Such links do not constitute an endorsement by us of those other websites, their content or services, or the persons or entities associated with those websites. This Privacy Policy does not apply to third-party websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the privacy policies and terms of all third-party websites or services that you may visit.
5. Information Security
We take reasonable steps online and offline to safeguard the Personal Information that you provide to us, including Secure Sockets Layer (SSL) encrypted connections (HTTPS) on our Services, secure multi-tiered firewalls, secure cloud-based environments, server authentication, and industry-standard firewalls in an effort to prevent interference or access from outside intruders. Portions of your data may also be encrypted on our storage server for additional security. We also require unique account identifiers, user names, and passwords that must be entered each time users access the App and/or use of secure password credentials.
Nonetheless, it is common knowledge that transmission of information via the internet is not wholly secure, and we cannot guarantee the security of your Personal Information, or any other information, transmitted to or through any of our Services. Any transmission of Personal Information, or other information, is at your own risk. By using our Services, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Services. Any transmission of information is at your own risk. By using our Services, you acknowledge and accept these risks.
If you have any questions about security on our Services, or if you become aware of any unauthorized use of an account, loss of your account credentials, or suspect a security breach, notify us immediately via e-mail at support@mixerradio.com. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.
6. Choices Regarding Your Personal Information
You may change, edit, update, or delete the information you provided when you set up your account through our Services through your account settings. You may also request the deletion of this information and/or your Mixer Radio account by sending an e-mail to support@mixerradio.com. Please note that information that other users have shared about you is not part of your account and will not be deleted upon deletion of your account. If you do not want to delete your account, but want to temporarily stop using our Services, you can deactivate your account instead by submitting a deactivation request to support@mixerradio.com. California residents should also review the section of this Privacy Policy titled, “Your California Privacy Rights” for information about choices and rights specifically for California residents.
7. Information Retention
Unless otherwise described or requested by you, we will retain your Information only for as long as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. [At any time, users may request deletion of their accounts by e-mailing support@mixerradio.com. When you delete your account, it cannot be recovered.
Please note that we do retain Non-Personal Information, including aggregated, de-identified data for the purposes described in the section titled, “Use of Information.”
8. Third-Party Service Providers
We use third-party service providers to help us operate our Services, who may collect, store, and/or process the information detailed herein. We allow access to our database by third parties that provide us with services, such as technical maintenance, market research, community and forums management, auction services, and shopping, personal/job search, and other classified ads functionality, but only for the purpose of and to the extent necessary to provide those services.
There are also times when you provide information about yourself to us in areas of the Service that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third parties, each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests.
We use commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing, and use of Non-Personal Information and Personal Information. While we may seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, and you agree that we do not bear any responsibility for any actions or policies of third parties.
Google Analytics. We have enabled Google Analytics to collect data about our traffic through the use of Google advertisements and other anonymous identifiers. We use Google Analytics cookies and other cookies to compile data to better understand users and provide users with a more tailored experience. You can opt out of Google Analytics by visiting Google’s Opt-Out Browser Add-on website here, https://tools.google.com/dlpage/gaoptout/.
A Note about Third-Party Tracking and Our Services — When you use the Internet, unaffiliated parties such as ad networks, web analytics companies, and social networking platforms may collect information about your online activities over time and across our and other websites. This information may be used to provide advertisements for products and services that may interest you, and those companies may use Cookies, clear GIFs, and other tracking technologies. We do not track your activity across different websites or online services.
For more information about third-party advertisers and how to prevent them from using your information, visit the NAI’s consumer website at http://www.networkadvertising.org/choices or http://www.aboutads.info/choices/. If you do want to opt out using these tools, you need to opt out separately for each of your devices and for each web browser (such as Internet Explorer, Firefox or Safari) that you use on each device.
9. Children's Privacy
Our Services are not intended for use by anyone under the age of thirteen (13). In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we do not knowingly request or solicit Personal Information from anyone under the age of thirteen (13) nor will we knowingly allow anyone under the age of thirteen (13) to create a Mixer Radio user account. In the event that we receive actual knowledge that we have collected such Personal Information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Services.
10. Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to support@mixerradio.com. The California Consumer Privacy Act of 2018 (“CCPA”) does not currently apply to us, but if and when we do fall within the scope of the CCPA, we will update our privacy notices accordingly.
11. Changes in the Privacy Policy
We reserve the right to modify and update this Privacy Policy at any time by posting an amended version of the statement on our Site. Please refer to this policy regularly. If at any time we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify you either on the panel home page of our Site or via e-mail or...
12. How to Contact Us
Because protecting your privacy is important to us, you may always submit concerns regarding our Privacy Policy on the contact us page. We will attempt to respond to all reasonable concerns and inquiries expeditiously.
If you have any questions or comments about our Privacy Policy, please contact us at:
By e-mail: sterling@mixerradio.com
By telephone: (770) 919-2526
By regular mail: Mixer LLC
PO Box 440006
Kennesaw, GA 30160