ABOUT THIS POLICY
This Policy sets out the essential details relating to your personal data relationship with HavUHeard Radio, LLC (HUH Radio). The Policy applies to all HUH Radio services and any related services (referred to as the ‘HUH Radio Service’). The terms governing your use of the HUH Radio Service are defined in our Terms And Conditions Of Use.
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any change to the way we collect or process your personal data we will provide you with more information and additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
The aim of this Policy is to:
- Ensure that you understand what personal data we collect about you, the reasons why we collect and use it, and who we share it with;
- Explain the way we use the personal data that you share with us in order to give you a fantastic musical experience when you are using the HUH Radio Service; and
- Explain your rights and choices in relation to the personal data we collect and process about you and how we will protect your privacy.
We hope this helps you to understand our privacy commitments to you. For information on how to contact us if you ever have any questions or concerns, please see our Contact section. Alternatively, if you do not agree with the content of this Policy, then please remember it is your choice whether you want to use the HUH Radio Service.
YOUR RIGHTS, PREFERENCES AND CONTROL
You may be aware that a new European Union law, called the General Data Protection Regulation or "GDPR" gives certain rights to individuals in relation to their personal data. Accordingly, we have implemented additional transparency and access controls in our Privacy Center and Privacy Settings to help users take advantage of those rights. As available and except as limited under applicable law, the rights afforded to individuals are:
- Right of Access - the right to be informed of and request access to the personal data we process about you;
- Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
- Right to Erasure - the right to request that we delete your personal data;
- Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
- Right to Object -
- the right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
- the right to object to your personal data being processed for direct marketing purposes;
- Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
- Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
In order to enable you to exercise these rights with ease and to record your preferences in relation to how HUH Radio uses your personal data, we provide you with access to the following settings via your Account Settings page:
- Privacy Settings - allows you to control some of the categories of personal data we process about you.
- Notification Settings - allows you to choose which communications you receive from HUH Radio, manage your publicly available personal data, and set your sharing preferences.
The Privacy Center puts you in control of how HUH Radio processes your personal data. It provides you with information about what happens if you adjust your settings on your Account Settings page and how to opt out of receiving certain messages from HUH Radio. If we send you electronic marketing messages based on your consent or as otherwise permitted by applicable law, you may, at any time, respectively withdraw such consent or declare your objection (“opt-out”) at no cost. The electronic marketing messages you receive from HUH Radio (e.g. those sent via email) also will include an opt-out mechanism within the message itself (e.g. an unsubscribe link in the emails we send to you).
You can find out more about the GDPR rights described above and the controls we provide to all HUH Radio users with respect to these rights in the ‘Your Rights’ section contained in the Privacy Center. If you have any questions about your privacy, your rights, or how to exercise them, please contact our Data Protection Officer using the ‘Contact Us’ form on the Privacy Center. We will respond to your request within a reasonable period of time upon verification of your identity. If you are unhappy with the way we are using your personal data you can also contact and are free to lodge a complaint with the Swedish Data Protection Authority (Datainspektionen) or your local Data Protection Authority.
HOW WE COLLECT PERSONAL DATA
We collect your personal data in the following ways:
- When you sign up for the HUH Radio Service - when you sign up to the HUH Radio Service, we collect certain personal data so you can use the HUH Radio Service such as your email address, birth date, gender, and country.
- Through your use of the HUH Radio Service - when you use the HUH Radio Service, we collect personal data about your use of the HUH Radio Service, such as what songs you have played and what playlists you have created.
- Personal data collected that enables us to provide you with additional features/functionality - from time to time, you also may provide us with additional personal data or give us your permission to collect additional personal data e.g. to provide you with more features or functionality. As described further below (see Voluntary Music Data), we will not collect photos, precise mobile device location, voice data, or contacts from your device without your prior consent. You always will have the option to change your mind and withdraw your consent at any time.
- From third parties - we will receive personal data about you and your activity from third parties, including advertisers and partners we work with in order to provide you with the HUH Radio Service (please see 'Sharing Your Personal Data' below). We will use this personal data either where you have provided your consent to the third party or to HUH Radio to that data sharing taking place or where HUH Radio has a legitimate interest to use the personal data in order to provide you with the HUH Radio Service.
We use anonymised and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving the HUH Radio Service, and developing new features and functionality within the HUH Radio Service.
WHAT PERSONAL DATA DO WE COLLECT?
Account Registration Data:
This is the personal data that is provided by you or collected by us to enable you to sign up for and use the HUH Radio Service. This includes your email address, birth date, gender, postal code, and country.
Some of the personal data we will ask you to provide is required in order to create your account. You also have the option to provide us with some additional personal data in order to make your account more personalized.
The exact personal data we will collect depends on the type of HUH Radio Service plan you sign up for and whether or not you use a Third Party Service (as defined in the Terms And Conditions Of Use, such as Facebook) to sign up and use the HUH Radio Service. If you use a Third Party Service to create an account, we will receive personal data via that Third Party Service but only when you have consented to that Third Party Service sharing your personal data with us.
HUH Radio Service Usage Data:
This is the personal data that is collected about you when you are using the HUH Radio Service - this may include:
- Information about your type of HUH Radio Service plan.
- Information about your interactions with the HUH Radio Service which includes the date and time of any requests you make, songs you have listened to, playlists you create, video content you’ve watched, and your interactions with other HUH Radio users. This also may include details of your use of Third Party Applications and advertising you receive.
- User Content (as defined in the Terms And Conditions Of Use) you post to HUH Radio including messages you send and/or receive via HUH Radio and your interactions with the HUH Radio Customer Service team.
- Technical Data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the HUH Radio Service, unique device IDs, device attributes, network connection type (e.g. WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital rights management, operating system, and HUH Radio application version. Further details about the technical data that is processed by us can be found in our Cookies Policy.
- Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope) required for the purposes of providing specific features of the HUH Radio Service to you.
Voluntary Mobile Data:
In addition to the mobile data we collect to provide you with the HUH Radio Service, you also have the option to give us your consent to collect additional personal data from your mobile device to provide you with features/functionality that will enhance your HUH Radio Service experience.
We will not access any of the personal data listed below without first obtaining your consent:
- Your photos - If you give us permission to access your photos or camera, we will only access images that you specifically choose to share with us and metadata related to those images, such as the type of file and the size of the image. We will never scan or import your photo library or camera roll;
- Your precise mobile device location - If you give us permission to access your precise location, this enables us to access your GPS or Bluetooth to provide location-aware functionality in the HUH Radio Service. Please note that this does not include your IP address. We use your IP address to determine non-precise location, for example, what country you are in to comply with our licensing agreements;
- Your voice data - If you give us permission, this enables us to access the voice commands captured via your device microphone to enable you to interact with the HUH Radio Service with your voice. Please note you will always have the ability to turn off the microphone feature; and,
- Your contacts - If you give us permission to access your contacts, this enables us to access individual contacts stored on your device to help you find friends who use HUH Radio.
We may collect such personal data if you sign up for a Trial or purchase any of our Paid Subscriptions (as defined in the Terms And Conditions Of Use) or make other purchases through the HUH Radio Service. The exact personal data collected will vary depending on the payment method (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:
- Date of birth;
- Credit or debit card type, expiration date, and certain digits of your card number;
- Postal code;
- Mobile phone number; and
- Details of your transaction history.
If you choose to pay by invoice, we will provide your personal data to our payment processors to enable them to complete a credit check and to send you invoices.
DATA FROM CONTESTS AND SURVEYS:
This personal data is used to allow you to sign up and participate in these types of promotions. The exact personal data collected will vary depending on the promotion.
This personal data is used to enable HUH Radio and our partners / service providers to send you marketing communications either:
- Via email;
- Whilst using the HUH Radio Service; and/or
- Direct from the third party.
You can find out more about the personal data collected and the controls you have in relation to the marketing communications you receive via the Privacy Center.
WHAT DO WE USE YOUR PERSONAL DATA FOR?
When you use or interact with the HUH Radio Service, we use a variety of technologies to process the personal data we collect about you for various reasons. We have set out in the table below the reasons why we process your personal data, the associated legal bases we rely upon to legally permit us to process your personal data, and the categories of personal data used for these purposes:
To provide, personalize, and improve your experience with the HUH Radio Service and other services and products provided by HUH Radio, for example by providing customized, personalized, or localized content, recommendations, features, and advertising on or outside of the HUH Radio Service (including for third party products and services).
To understand how you access and use the HUH Radio Service to ensure technical functionality of the HUH Radio Service, develop new products and services, and analyze your use of the HUH Radio Service, including your interaction with applications, advertising, products, and services that are made available, linked to, or offered through the HUH Radio Service.
To communicate with you for HUH Radio Service-related purposes.
To process your payment to prevent or detect fraud including fraudulent payments and fraudulent use of the HUH Radio Service.
To communicate with you, either directly or through one of our partners, for:
- participation in contests, surveys and sweepstakes,
- promotional purposes,
via emails, notifications, or other messages, consistent with any permissions you may have communicated to us (e.g., through your Account Settings page).
To provide you with features, information, advertising, or other content which is based on your specific location.
INFORMATION WE MAY SHARE:
Service Providers and Others:
We use technical service providers which may operate the technical infrastructure that we need to provide the HUH Radio Service, in particular providers which host, store, manage, and maintain the HUH Radio application, its content and the data we process.
We use technical service providers to help us communicate with you.
We use marketing and advertising partners to show you more tailored content, or to help us understand your use of the HUH Radio Service, to provide you with a better service. We also may share personal data with certain marketing and advertising partners to send you promotional communications about HUH Radio.
HUH Radio Partners:
If you access the HUH Radio Service through an offer that you received or purchased from a third party such as your mobile network operator, we share personal data with that third party about your use of the HUH Radio Service, such as whether and to what extent you have used the offer, activated a HUH Radio account, or actively used the HUH Radio Service.
Depending on how you sign up for the HUH Radio Service (e.g. through a third party service or a mobile provider), we share your HUH Radio username or other Account Registration Data as necessary to enable your account.
We also may share your personal data in a pseudonymised format with our music industry partners to help them understand how the content they license to us is performing and to enable you to listen to streaming content via the HUH Radio Service.
We also share your personal data in a pseudonymised format with marketing partners who help us with promotional efforts and with advertisers that allow us to offer a free service.
We will share your personal data for activities such as statistical analysis and academic study but only in a pseudonymised format.
LAW ENFORCEMENT AND DATA PROTECTION AUTHORITIES:
We will share your personal data when we in good faith believe it is necessary for us to do so in order to comply with a legal obligation under applicable law, or respond to valid legal process, such as a search warrant, a court order, or a subpoena.
We also will also share your personal data where we in good faith believe that it is necessary for the purpose of our own, or a third party’s legitimate interest relating to national security, law enforcement, litigation, criminal investigation, protecting the safety of any person, or to prevent death or imminent bodily harm, provided that we deem that such interest is not overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.
PURCHASERS OF OUR BUSINESS:
DATA RETENTION AND DELETION:
We keep your personal data only as long as necessary to provide you with the HUH Radio Service and for legitimate and essential business purposes, such as maintaining the performance of the HUH Radio Service, making data-driven business decisions about new features and offerings, complying with our legal obligations, and resolving disputes. We keep some of your personal data for as long as you are a user of the HUH Radio Service. For example, we keep your playlists, song library, and account information.
If you request, we will delete or anonymise your personal data so that it no longer identifies you, unless, we are legally allowed or required to maintain certain personal data, including situations such as the following:
- If there is an unresolved issue relating to your account, such as an outstanding credit on your account or an unresolved claim or dispute we will retain the necessary personal data until the issue is resolved;
- Where we are required to retain the personal data for our legal, tax, audit, and accounting obligations, we will retain the necessary personal data for the period required by applicable law; and/or,
- Where necessary for our legitimate business interests such as fraud prevention or to maintain the security of our users.
THIRD PARTY LINKS:
We may display advertisements from third parties and other content that links to third-party websites. We cannot control or be held responsible for third parties’ privacy practices and content. If you click on a third-party advertisement or link, please understand that you are leaving the HUH Radio Service and any personal data you provide will not be covered by this Policy. Please read their privacy policies to find out how they collect and process your personal data.
CHANGES TO THIS POLICY:
We may occasionally make changes to this Policy.
When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the HUH Radio Service or by sending you an email. We may notify you in advance.
Please, therefore, make sure you read any such notice carefully.
If you want to find out more about this Policy and how HUH Radio uses your personal data, please visit the Privacy Center on huhradio.com to find out more.
Please email us with any concerns or questions at [email protected]