CYCLECAST PRIVACY POLICY

 

LAST UPDATED: June 28, 2015

CycleCast, LLC ("CycleCast," "we," “our,” or "us") is a fitness-themed internet radio service and an online fitness community made available through the CycleCast mobile application and the CycleCast website (collectively, the "CycleCast Service"). We may refer to you as "listener", “member”, "you", or "your". The purpose of this policy is to inform you about the information we collect, how we use and share that information, and the ways in which you can control how we use and share that information.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

INFORMATION WE RECEIVE OR COLLECT

Information We Receive or Collect From You Directly

REGISTRATION DATA: When you register, we ask you to provide certain information, which includes at minimum, your full name, email address, and a password for your account (the "Registration Data").

HEALTH DATA:  As a fitness-themed internet radio service, the CycleCast Service may estimate, collect,  and track health and fitness data including, but not limited to, miles biked, average heart rate, and calories burned (the “Health Data”), under the assumption that you are listening to CycleCast’s radio stations while utilizing a stationary bicycle or other similar fitness equipment.  In order to provide more accurate estimates of fitness results, we give you the option of providing additional Health Data to us including your height, weight, activity level, gender, and date of birth (the “User Stats”).

PAYMENT INFORMATION: If you choose to purchase a subscription to the CycleCast Service, you will also be asked to provide, at a minimum, your name and credit card information ("Payment Information").

OTHER INFORMATION YOU CHOOSE TO PROVIDE TO CYCLECAST: You have the ability to provide a variety of information during your interactions with the us and the CycleCast Service, such as emails you may send us, polls or surveys you choose to participate in, ads you respond to, and emails or newsletters that you sign up to receive. CycleCast receives data from you whenever you provide us with any of this type of information.

LISTENING ACTIVITY: When you use the CycleCast Service, we keep track of your listening activity, which may include the number and title of songs you have listened to, the stations you listen to, and how long you listen to a station.

COMMUNITY POSTING: You have the ability to post comments and information in community networking features available on or accessible through the CycleCast Service, such as on our blog, our instructor profile pages, and our social networking pages. Unless you affirmatively delete the content you post, CycleCast collects this content and stores it on our servers.

TECHNICAL INFORMATION: As is true of many websites and mobile applications, CycleCast may collect certain non-personally identifiable technical information through the use of log files and servers. Web and application servers create log files automatically as part of their setup and configuration. Information in a log file may include IP address, browser type, Internet service provider, date/time stamps, MAC address, file requested, and other usage information and statistics.

Information We Receive or Collect From Devices You Use To Access The Service

DEVICE INFORMATION: If you access the CycleCast Service from a computer, mobile phone, tablet, or other consumer electronic device, we may collect information about those devices. For example, if you access the CycleCast Service from a mobile phone, tablet, or other consumer electronic device, we may collect information such as device type, operating system version and type, unique identifiers, and carrier or other transactional information for that device.

LOCATION INFORMATION: Apart from your zip code, we currently do not ask you for, nor do we access or track, any real-time location-based information from your mobile phone, tablet, or other consumer electronics device. If at some point we enable GPS or near-real location tracking technology, you will be asked to consent to allow such collection and use.

Information We Receive or Collect From Third Parties

We may receive or collect information about you from third parties and store it on our servers with other information we may have already received or collected from you. These third parties include:

  • Third party fitness tracking applications and services that you have allowed to connect with the CycleCast Service, for example, Apple Health.  If you opt-in by connecting such applications and services with the CycleCast Service, they may provide Health Data like heart rate, height, weight, age, gender, and activity level, to the CycleCast Service in order to better facilitate the estimation of fitness metrics like miles biked, average heart rate, and calories burned;

  • Marketing companies and data providers that create professional marketing lists or sell other marketing data;

  • Third party social media websites, applications or services that you have registered to use, when we allow those websites, applications, or services to interact through the CycleCast Service to provide personalized services to you. In some cases, those websites, applications, or services may automatically provide us with information about you to facilitate personalization unless you use the controls available on those websites, applications, or services to opt-out of such sharing; and

  • People who store or post information about you on the community features of the CycleCast Service, or by your enabling connectivity with another website, application, or service where friends or other listeners store such information. For instance, your friends may store information about you in places such as their on other websites, applications, or services such as social media applications with which the CycleCast Service interacts.

CycleCast is not responsible for, and will assume no liability, if a business partner or other entity whom you have authorized collects, uses or shares any information about you in violation of its own privacy policy or any applicable laws, rules, or regulations.

INFORMATION COLLECTION TECHNOLOGIES

OUR USE OF COOKIES: The CycleCast Service uses a technology that is commonly known as "cookies." A cookie is a file our server writes to your hard drive that contains a small alphanumeric identifier. We use the identifier in a cookie to help us manage and report on your interaction with the Service. Through cookies, we are able to collect non-personally identifiable information that we use to improve the Service, keep count of return visits to our website, collect and report on aggregate statistical information, or authenticate your login credentials. We may also collect other data such as the page or site that referred you to the CycleCast Service, the date and time you visited or used the CycleCast Service, and your current IP address. The cookies we place on your hard drive are known as "first party cookies."

We use both session cookies and persistent cookies. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your browser's "help" documentation. If you do not accept first party cookies you may still use our Service, but your ability to use some areas of our website, and the ability to stay logged in will be limited.

Advertisers' and other third parties' use of cookies: Advertisers and third-party advertising partners that deliver ads to you on the Service may place or recognize a unique cookie on your hard drive. These types of non-CycleCast cookies are known as "third party cookies." Advertisers and third-party advertising partners may use third party cookies in order to collect non-personally identifiable information about you, which may include how many times you have seen their ads or whether you have interacted with an ad. Most major web browsers provide users with the option to accept or reject third party cookies. The use of third party cookies is not covered by this privacy policy. We do not have access to or control over cookies placed by advertisers and other third parties.

BEACONS AND TRACKING PIXELS: CycleCast employs a technology known as "beacons" or "tracking pixels" (each, a "Beacon"). A Beacon is a small one-pixel-by-one-pixel clear image that is embedded in HTML content, and is about the size of a period at the end of a sentence. When HTML content containing a Beacon is rendered, the Beacon transmits anonymous, non-personally identifiable information to a server, such as a numeric count, unique identifier, or IP address. CycleCast and its advertising partners use Beacons to help us better manage content on our Service. For example, we may place a Beacon in HTML-based emails to let us know which emails recipients have opened, or on a webpage to count the number of unique visitors to that page. The use of a Beacon allows us to gauge the effectiveness of certain communications and of our marketing campaigns.

HOW WE USE THE INFORMATION WE RECEIVE OR COLLECT

IN GENERAL: In general, CycleCast may use your Registration Data and other non-personally identifiable information we receive or collect for the following purposes:

  • To analyze CycleCast Service usage and enhance the listener experience on the CylceCast Service. 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 continue to improve the CycleCast Service.

  • To fulfill your requests for certain products and services, such as distributing electronic newsletters and enabling you to participate in and renew paid services, surveys, and comment features.

  • To send you information that you agreed to receive.

  • To alert you to the latest developments and features on the CycleCast Service.

  • To invite you to participate in events or special promotions related to products we think you may like or in which you may be interested.

  • To pay artists and copyright owners for tracks you hear, by reporting listening information to copyright licensing agencies. These reports contain aggregated data only, and do not include any personally identifiable information.

HEALTH DATA: We do not sell, lease, or distribute in any way your Health Data to third parties unless we are required by law to do so.  CycleCast may use your Health Data for the following purposes:

  • To estimate and provide, for the listener’s entertainment and education, information on fitness results that may have been obtained if the CycleCast Service was used in conjunction with a stationary bicycle or similar fitness equipment, including, but not limited to, average miles biked, average heart rate, and calories burned.

EMAIL: With regards to email, we do not sell or give your email address to other companies for their own marketing purposes without your permission. However, we may use your email address or other Registration Data to provide you with technical support, send you notices about the Service or other promotional offers you have elected to receive, and to serve you with ads that are more relevant to your interests. We may occasionally work with data partners and advertising platforms to help increase the relevancy of ads we provide to our listeners. In doing so, we may provide such companies with information representing an encrypted or hashed value derived from information you have provided to us, such as your email address.

HOW WE SHARE INFORMATION WE RECEIVE OR COLLECT WITH OTHERS

HOW YOUR INFORMATION IS SHARED: CycleCast may share information we receive or collect in a variety of ways, such as:

  • When you participate in community and social networking features on the CycleCast Service, such as leaving comments on our blog, leaving comments on instructor profile pages, or other forms of communication and interaction which you elect to make public or share on public comment fields or in other public forums.

  • If we hire or partner with third parties to provide specialized services on our behalf, such as credit card processors, customer support, bulk email processors who send out emails on our behalf, or parties who assist us with sweepstakes management and prize fulfillment. These companies are authorized to use your personal information only as necessary to provide these services to CycleCast. They are not authorized to use your personal information for their own purposes.

  • If you elect to take advantage of certain features or services provided jointly by CycleCast and third parties, we may share your registration information with those third parties for account authentication and management. For example, when you share information through integrated social networking platforms, such as Facebook, you are agreeing to allow the CycleCast Service to communicate or "talk" with the other service in order to make the social features available for your use. These service partners may have their own data collection, use, and sharing practices that may also be applicable to your personal information. You should review their applicable privacy policies and methods for changing the privacy or sharing settings on such services.

  • If you have given permission to a third party for us to share your data, including Health Data, with them. For example, if you have allowed CycleCast write Health Data to Apple Health, the CycleCast Service will share your fitness results with Apple Health in order for that data to be stored and tracked by Apple Health.

SHARING OF PERSONALLY IDENTIFIABLE INFORMATION: We do not share personally identifiable information with third parties other than as described in this policy. However, we may share your information, including personally identifiable information, in order to (i) protect or defend the legal rights or property of CycleCast, or the legal rights of our business partners, employees, agents, and contractors (including enforcement of our agreements); (ii) protect the safety and security of CycleCast users or members of the public including acting in urgent circumstances; (iii) protect against fraud or risk management purposes; or (iv) comply with the law or legal process. Additionally, we may share your data, including any personally identifiable information, with our successor in interest in the event of a corporate reorganization, merger, or sale of all or substantially all of our assets.

SHARING OF ANONYMIZED, NON-PERSONALLY IDENTIFIABLE OR AGGREGATED DATA: CycleCast may share non-personally identifiable information we receive or collect from you with third parties. Such anonymous, non-personally identifiable or aggregated data may include general demographic or location information (derived from zip code or IP address), information about the computer or device from which you access the CycleCast Service, or information about the stations, tracks, and artists you listen to. Additionally, we may de-identify personally identifiable information, such as listening data and share it in a de-identified or aggregated form with third parties, advertisers, and/or business partners in order to analyze CycleCast Service usage, improve the CycleCast Service and your listener experience, or for other similar purposes. The use and disclosure of such information is not subject to any restrictions under this policy.

INFORMATION YOU DISCLOSE IN PUBLIC COMMENT FIELDS AND WEBSITES: The CycleCast Service offers publicly accessible and available comment fields, blogs, and pages on social media platforms. You should be aware that any information you provide or post in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our website, contact us at support@cyclecast.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

MANAGING YOUR INFORMATION

TO MODIFY YOUR REGISTRATION DATA AND USER STATS: We provide you with the ability to modify your Registration Data and User Stats, which you may do so at any time through the Account Settings section of the CylcleCast Service. For detailed instructions on how to view and/or modify your Registration Data or User Stats, visit our FAQ page at http://cyclecast.com/FAQ or contact us through the Support feature of the CycleCast Service.

RETAINING INFORMATION: We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

YOUR EMAIL PREFERENCES: When you register for the Service, you may elect to receive promotional, marketing, or other similar emails tailored to your interests. You have the option to change this election in the Settings section of our Service. For information on how to opt in or out of receiving promotional, marketing, or other similar emails from us, visit our FAQ page at http://cyclecast.com/FAQ or contact us through the Support feature of the CycleCast Service.

Additionally, you may also follow the unsubscribe instructions contained in the promotional, marketing, or other similar emails you receive.

We will send you transaction confirmation emails and other strictly CycleCast Service-related announcements on rare occasions when it is necessary to do so. For instance, if the CycleCast Service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

DEACTIVATION OF ACCOUNTS: If you would like to request the deactivation of your account, or to request the deactivation of an unauthorized profile you can email us at support@cyclecast.com.

SECURITY AND CONTENT FROM OTHER WEBSITES

PROTECTION OF DATA FROM LOSS: We have implemented commercially reasonable physical and electronic security measures to protect against the loss, misuse, and alteration of the information we collect or receive from you. However, despite our efforts, no security measures are perfect or impenetrable. If you have any questions about security on the CycleCast Service, you can contact us at support@cyclecast.com.

LINKS TO OTHER WEBSITES: The CycleCast Service includes links to other websites whose privacy practices may differ from those of CycleCast. If you submit personal information to any of those websites, the privacy statements of those websites govern their use of your information. We encourage you to carefully read the privacy statement of any website you visit.

VISITING OUR WEBSITES FROM OUTSIDE THE UNITED STATES: This Privacy Policy is intended to cover collection of information on the CycleCast Service from residents of the United States. CycleCast’s internet radio services cannot and must not be used outside of the United States. However, if you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

OUR POLICIES CONCERNING CHILDREN

The CycleCast Service is not intended for children under the age of 13 and we do not knowingly collect any personal information from children under the age of 13. Persons under the age of 18 should not use the CycleCast Service at any time. In the event we obtain actual knowledge that we have collected information from children under the age of 13, we will take prompt and reasonable measures to erase such information from our servers. It is a violation of our Terms of Service for persons under the age of 18 to use the CycleCast Service.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year and the categories of personal information disclosed to those third parties. If you are a California resident and you wish to make such a request or have any questions about CycleCast's information sharing practices, you may contact us by sending us an email at support@cyclecast.com, or write to us at:

 

CycleCast, LLC

33 Village Dr

New Canaan, CT 06840

Attn: Listener Support

 

CHANGES TO OUR PRIVACY POLICY

We will continue to evaluate this policy against new technologies, business practices, and our listeners' needs, and may make changes to the policy accordingly. Please check this page periodically for updates. If we make any material changes to this policy, we will post the updated terms of the policy here and notify you by email through a message sent to the email address you use to access the CycleCast Service.

CONTACT US

If you have any questions about this privacy policy, or the privacy practices of CycleCast, you may contact us by sending us an email at support@cyclecast.com, or write to us at:

 

CycleCast, LLC

33 Village Dr

New Canaan, CT 06840

Attn: Listener Support

This Agreement constitutes the entire understanding between CycleCast and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.