Privacy Policy

1. Introduction

GYM Team s.r.o. (“GYM Radio”, “GYM Team”, “we”, “us”, “our”) is committed to protecting your privacy, and to ensuring you have a positive experience on our websites, when using our products (“Products”) and service (“Service”) or otherwise interact with us. Being transparent about how we collect, use, share and protect information is important to us. Please stay updated to any changes to this Privacy Policy by visiting our website.
GYM Radio is the data controller of personal data (“Personal Data”) that we collect and process in accordance with this Privacy Policy. Furthermore, we also collect and process some non-personal data. With non-personal data we refer to information that does not permit direct or indirect association with you. We collect, process and use your Personal Data in compliance with applicable data protection law if you have given us your prior consent or if legal provisions permit us to do so.
This Privacy Policy concerns the information we collect when using our Service or purchasing Products, using our website or otherwise in interact with us unless a different policy is displayed or referred to. Our Privacy Policy intends to help you understand how and why we use the information we collect about you, who we share it with, and your rights with that data.
This Privacy Policy does not apply to your Personal Data collected independently by any of our partners and GYM Radio disclaims any responsibility for the data processing conducted by such partners. By using third-party services (e.g. Facebook, Twitter, Auth0, Stripe, Recurly) in connection with the Service, the privacy policy of such third parties applies exclusively for their services.
By using our Service or Products on behalf of a company, organization or other legal entity you warrant that you are fully authorized to accept this Privacy Policy on behalf of the legal entity and that your use of the Services is for business purposes and not for personal use. “You” and “your” as used herein will refer to such legal entity or you as a natural person as the case may be. You guarantee that the Personal Data you provide to us is true, accurate and up to date. If the information you provide upon accessing the Services is outdated or incorrect, we kindly ask you to update your account with correct information.
Together with our General Terms and Conditions (“GTC”), this Privacy Policy constitutes an integral part of your Agreement with us. Any terms defined in the GTC shall have the same meaning in this Privacy Policy unless otherwise specified in this Privacy Policy.
We may make changes to this Privacy Policy from time to time, so please visit this Privacy Policy regularly to keep up-to-date.

2. The Personal Data we process

2.1 Registration data

When you sign up for our Service, we may collect certain information on your contact person(s), like name, title, e-mail address and business name and address.

2.2. Usage, log data & cookies

When you use the Service, we automatically collect certain information, including:
(i) information about the type of Product you use including your user account credentials and your interactions with the Service, including with songs, playlists, other users, third party applications and content advertising, products and services which are offered, linked to or made available on or through the Service;
(ii) the details of the queries you make;
(iii) any user content you post, upload and/or contribute to the Service;
(iv) technical data, which may include the URL you are coming from, your IP address, unique device ID, network and computer performance, browser type, language and identifying information, transactional information enabling digital rights management, operating system, and GYM Radio application version; and
(v) location information.
We use cookies and similar technologies to collect this information and you can learn more about such use in Section 12 below. We may store this information so that it can be used for the purposes explained and set out in Section 3 below. Please, also keep in mind that playlists and other content added to your user account may include Personal Data, such as your username, which could enable other persons to find you in the Service.

2.3. Payment data

When you sign up for a trial to our Service or activate any of our Products, or make other purchases through the Service, your credit card information and other financial data that we need to process your payment are collected and stored by third party payment processors. We may collect some limited information, such as your postal code, mobile number and details of your transaction history. In addition, the third-party payment processors generally provide us with limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your type of card, expiry date and last four digits. If you choose to pay by invoice, we may need to collect and transfer additional information, like your company name, registration number and phone number, to our invoicing service provider to enable credit checks and send you invoices. The use of your data by our invoicing service provider is subject to its privacy policies.

2.4. Sweepstakes, contests, & surveys

From time to time, we may offer you the chance to participate in sweepstakes and contests (“Special Promotions”) through the Service. A Special Promotion may be governed by a specific privacy policy and/or terms and conditions separate from this Privacy Policy (and the GTC). If the provisions of the Special Promotion’s privacy policy or terms and conditions conflict with this Privacy Policy or the GTC, those separate terms and conditions or privacy policy shall prevail. If you choose to participate in a Special Promotion, we may ask you for certain Personal Data in addition to what is stated in this Privacy Policy. That additional information may be combined with other account information and may be used and shared as described in this Privacy Policy.
We may also perform customer satisfaction surveys, inter alia in relation to support matters, which may include processing of Personal Data of the respondent.

2.5. Personal Data collected from third parties

GYM Radio may also from time to time collect Personal Data from third parties and use such Personal Data for promotional e-mails or other direct marketing messages to promote the Service.

3. Our processing of your Personal Data

3.1. Purposes for processing

We may use and store the information we collect, including your Personal Data:
(i) for billing and administrative purposes in order to manage your or your legal entity’s relationship with us;
(ii) to provide, personalize, and improve your experience with the Service and Products made available through the Service, for example by providing customized or localized content and advertising;
(iii) to analyze your use of the Service, including your interaction with applications, advertising, Products that are made available, linked to or offered in the Service, to ensure technical functioning of the Service and Products made available through the Service and based on your use develop new products and services;
(iv) to communicate with you for Service-related purposes including to send promotional e-mails or other direct marketing messages, other support related purposes including processing statistical data pertaining to such support, and to perform customer satisfaction surveys including consequent promotional e-mails or other direct marketing messages based on such survey;
(v) to communicate sales opportunities to you when we can see areas of your business that could benefit from additional services and Products;
(vi) to enable our provision of the Service and to promote it, including features and content of the Service and Products made available through the Service, such as sharing, user interactions, notifications and suggestions, and integration with third party services;
(vii) to enforce this Privacy Policy and the GTC, including to protect the rights, property or safety of GYM Radio, other users or any other person and the copyright-protected content of the Service; and
(viii) as otherwise stated in this Privacy Policy.

3.2 How long we keep information

We will only store your Personal Data for as long as they are necessary for the purposes they were collected for and to provide our Service and Products.
We retain your Service user account information as long as your user account is active and a reasonable time thereafter in case you decide to re-activate the Service.
In certain cases, we may retain some of your Personal Data for a longer period of time as necessary to comply with our legal obligations, such as to resolve disputes, enforce our agreements, including to safeguard our rights, to support business operations, legal bookkeeping requirements, and to continue to develop and improve our Service and Products. After such time, we will either delete or anonymize your Personal Data or, if this is not possible (for example, because the information has been stored in backup archives), securely store such data and isolate it from any further use until deletion is possible. Where we retain information for Service and Product improvement and development, we take steps to eliminate Personal Data that identifies you, and we only use the information to uncover aggregated insights about the use of our Service and Products.

3.3 Legal bases for processing of your Personal Data

When we process Personal Data of your contact person(s), we base such processing on our legitimate interest to be able to communicate with said contact person(s) within the context of providing the Service or otherwise for the legitimate interest of pursuing the purposes set out in Section 3 above.
When we process Personal Data in relation to marketing or other promotional activities, we base such processing on your explicit consent when you have requested to be contacted by GYM Radio, or on our legitimate interest to promote the Service or Products.

4. How we share the information we collect

Personal Data may be disclosed to companies in the GYM Team group of companies (including subsidiaries and ultimate holding company and its subsidiaries) and partners, established both within and outside the EEA, which is required for the delivery of the Service and Product and for the purposes set forth in this Privacy Policy.
Accordingly, we may share the information we collect, including your Personal Data, as follows:

4.1 Sharing with Rights Holders and Content Providers

The digital content is accessed through the Service that may be owned by us or licensed or otherwise made available to us by third parties (Rights holders and Content Providers as respectively defined in the GTC). We may share the information with such Rights Holders and Content Providers. The Rights Holders and Content Providers may process the information for purposes of administering the relationship with its stakeholders and rights holders in turn, which may involve sharing the information outside of the European Union. The Rights Holders and Content Providers are obliged to comply with applicable data protection regulation as well as with their own, at each time applicable, privacy policies.

4.2 Other sharing

In addition to the above, we may also share your Personal Data to third parties for these limited purposes:
• to allow a merger, acquisition, or sale of all or a portion of our assets;
• to respond to or initiate the legal process (e.g. a court order or subpoena), if we believe in good faith that it is necessary to do so;
• to comply with the requirements of mandatory applicable law;
• to protect the safety of any person;
• to protect the rights and property of GYM Radio including to enforce the Agreement with you;
• and to address fraud, security or technical issues;
• to allow other companies in our company group to use or process your information as specified in this Privacy Policy;
• to inform business partners about the use of the Service and Products made available through the Service, in the form of aggregated statistics or otherwise in a format which does not reveal your identity;
• if you expressly opt-in to such sharing.
You understand and agree that privacy policies of third parties to whom we provide information and share information with under this Section will govern all use of such information.

5. Transfer to other countries

We may process information about our users on servers located in a number of countries. Accordingly, we may share your information with other companies in our company group for the purpose of them carrying out any of the activities specified in this Privacy Policy. We may also subcontract processing to or share your information with third parties located in countries, other than your home country. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to, and processed by, companies in our company group or other third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer legal rights in relation to your information. However, other companies of our company group will only process your information as described in this Privacy Policy.
When we transfer Personal Data outside of EEA and Switzerland, we only do so when the countries in which the recipient is located ensures an adequate level of data protection according to the European Commission or if we have ensured that the recipient provides appropriate safeguards. We also enter into agreements with such recipients binding them to apply standard contractual clauses that the European Commission has issued which ensure suitable measures to safeguard your rights and freedoms. We do this in order to ensure that the transfer is made in accordance with applicable data protection law. You may access a list of which countries the European Commission has decided provides an adequate level of data protection at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm. You may access the European Commission’s standard contractual clauses at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.

6. Links

We may display advertisements from third parties and other content which links to third party websites. We are not in control of or can be held responsible for third parties’ privacy practices and content. Please read their privacy policies to find out how they collect and process your Personal Data.

7. Security

We are committed to protecting our users’ information. Your password protects your user account, so you should use a unique and strong password, limit access to your computer and browser, and sign off after having used the Service. While we take reasonable data protection precautions, no security measures are completely secure, and we do not guarantee the security of user information at any time. We maintain physical, electronic, and administrative safeguards to protect your Personal Data from unauthorized or inappropriate access, accidental or intentional manipulation, loss and destruction. We monitor and seek to improve our security procedures.

8. Your rights

8.1 Right to information, access and update Personal Data

You have the right to request information about the Personal Data we hold on you at any time (free of charge once a year).
If your data is incorrect, incomplete or irrelevant, you can ask to have the information corrected or removed with the limitation that we cannot remove your Personal Data when there is a legal storage requirement, such as book-keeping rules or when there are other legitimate grounds to keep the data, such as unsettled debts. You may access, amend and update some of the information we keep on you through your user account settings. To learn more about the information we hold about you, please don’t hesitate to e-mail info@gymradio.com and specify which information you request access to or information regarding. We will respond within a reasonable period of time upon verification of your identity.

8.2 Right to delete your Personal Data

You may request that we delete your Personal Data without undue delay in the following circumstances:
(i) the Personal Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(ii) you withdraw your consent on which the processing is based (if applicable) and there is no other legal ground for the processing;
(iii) you object to processing of Personal Data and we do not have any overriding legitimate grounds for processing;
(iv) the processed Personal Data has been unlawfully processed;
(v) the processed Personal Data has to be deleted for compliance with legal obligations.
Our Service may give you the ability to delete certain information about you from within the Service. For example, you may remove certain profile information within your profile/user account settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations, as further described under Sections 3.2. and 8.1. above.

8.3 Right to object to processing of Personal Data

You have the right to object to the processing of your Personal Data when our processing is based on our legitimate interests. If you object and we believe that we may still processs the Personal Data, we must demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
Your Personal Data will not be processed for purposes related to direct marketing if you oppose such processing. In each promotional e-mail to you, we will include a link which you can use to unsubscribe from further messages.

8.4 Right to restrict processing

You have the right to request that we restrict using your Personal Data in the following circumstances:
(i) you contest the accuracy of the Personal Data during a period enabling us to verify the accuracy of such data;
(ii) the processing is unlawful and you oppose erasure of Personal Data and request restriction instead;
(iii) the Personal Data is no longer needed for the purposes of the processing, but are necessary for you for the establishment, exercise or defence of legal claims
(iv) you have objected to processing in accordance with section 9.3 above, pending the verification whether our legitimate grounds override your interests, rights and freedoms.

8.5 Right to data portability

You have the right to receive the personal data concerning you which you have provided to us to when such processing is based on your consent or on a contract in order to transmit these to another service provider. This right does not exist when we base our processing on the legitimate interest ground.

8.6 Right to withdraw consent

Where you gave us consent to use your Personal Data for a limited purpose, you can contact us to withdraw that consent. Please note, however, that this will not affect any processing that has already taken place at the time.

8.7 Right to lodge a complaint with a supervisory authority

Please note that you are always welcome to contact us if you believe that our processing of Personal Data is in breach of applicable data protection law. You may also at any time lodge a complaint with a supervisory authority regarding the processing of your Personal Data if you believe that our processing is performed in breach of applicable data protection law.

9. Exercising your rights and how to contact us

If you have any questions or comments about this Privacy Policy, or if you wish to exercise your rights as described above in Section 8, please contact us at info@gymradio.com

10. Changes to the Privacy Policy

We may make changes to this Privacy Policy from time to time, so please visit this Privacy Policy regularly. If we make changes which we believe are material, we will inform you through the Service or otherwise as we find appropriate. Your continued use of the Service thereafter constitutes acceptance of the changes.

11. Information about cookies & similar technologies

What are cookies and similar technologies?

A cookie is a small text file that is placed on your computer, mobile phone, or other device when you visit a website. The cookie will help website providers to recognize your device the next time you visit their website. There are other similar technologies such as pixel tags, web bugs, web storage and other similar files and technologies that can also do the same thing as cookies. We use the term “cookies” in this policy to refer to cookies and all such similar technologies that collect information in this way.

How we use cookies

We may use cookies for the purposes, as explained below:

Cookie Type & Purpose

Essential Operational

These cookies are necessary to allow us to operate the Service as you have requested. For example, they let us recognize what type of subscriber you are and then provide you with services accordingly.

Performance/Analytics

We use these cookies to analyze how the Service is accessed, used or is performing. We use this information to maintain, operate and continually improve the Service. We may also obtain information from our email newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.

Functional

These cookies let us operate certain functions of the Service in line with the choices you make. These cookies mean that when you continue to use or come back to the Service, we can provide you with our Services as you have asked for them to be provided, such as knowing your username, remembering how you have customized our Services and reminding you of music you have enjoyed.

Targeting/advertising

We use these cookies to serve you with advertisements that may be relevant to you and your interests. The information may also be used for frequency capping purposes and to help us regulate the advertisements you receive and measure their effectiveness.

Third Party

We may allow our business partners to use cookies on the Service for the same purposes identified above. We may also use service providers acting on our behalf to use cookies for the purposes identified above.

GYM Radio Ads

We work with web publishers, advertising networks and service providers to deliver GYM Radio ads on other web sites. Cookies may be used to serve you with advertisements that may be relevant to you and your interests on other web sites and to regulate the advertisements you receive and measure their effectiveness.

Manage your preferences

Most web browsers allow you to manage your cookie preferences. You can set your browser to refuse cookies or delete certain cookies. Generally, you should also be able manage similar technologies in the same way that you manage cookies – using your browser’s preferences. The following links show how to adjust the browser settings of commonly used browsers:
Internet Explorer
Firefox
Safari
Chrome
Please note that if you choose to block cookies, this may impair or prevent due functioning of the Service.
A third party service we use to track activity related to the Service, e.g. by placing cookies, is Google Analytics. If you don’t want any information to be collected and used by Google Analytics you can install an opt-out in your web browser (tools.google.com/dlpage/gaoptout?hl=None). We may use other third party services from time to time and similar opt-out possibilities are offered for such.

More information

For more information about the use of cookies and how to block them, visit www.allaboutcookies.org, www.youronlinechoices.eu (Europe) or www.aboutads.info/choices/ (United States). If you have any questions or comments about our use of cookies, please contact us at info@gymradio.com