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FIT RADIO

PRIVACY POLICY

FIT Radio LLC ("FIT Radio" or "we" or "our") is committed to protecting the privacy and security of all individuals who use the FIT Radio Platforms. We want to provide an experience that is tailored to your needs. To do so, we may collect information during your visits to the FIT Radio Platforms. This Privacy Policy explains how FIT Radio collects and uses personal information when you use the FIT Radio Platforms. All capitalized terms not otherwise defined herein as defined in the FIT Radio Terms and Conditions of Use. Capitalized terms used herein and not defined shall have the respective meanings set forth in FIT Radio Terms and Conditions of Use.

Purpose: When you create an Account and use the FIT Radio Platforms, you provide us with information we collect. FIT Radio collects information to develop and improve the manner by which FIT Radio operates and offers its services, to communicate with you about those services, to provide effective customer support, for research and development, for advertisement, and for the other purposes described in this Privacy Policy.

Minors: FIT Radio is not directed to children under the age of 13, and we do not knowingly or intentionally collect personal information from users under 13 years of age. Pursuant to our Terms of Use, no users under 18 years of age are allowed to use the FIT Radio Platforms. If you believe that information from minors has been collected, please notify us as provided for in this Privacy Policy so that we can remove such information as quickly as possible.

Applicability: This Privacy Policy applies only to the FIT Radio Platforms. This Privacy Policy does not apply to information about you collected by third party websites and sites linked to or otherwise accessible from the FIT Radio Platforms, including, without limitation, those provided by advertisers. The information received by affiliated providers and third parties is subject to their own privacy policies.

Personal Information: FIT Radio collects personal information that users provide through optional and voluntary submissions, such as by registration, submitting information by establishing a user profile, or requesting user support. Such information may include, but is not limited to, your name, address, phone number, credit card information, username, password, your IP address, and FIT Radio Platform usage information. Depending on your user settings, certain information you provide may be available to other users. Please pay careful attention to these settings as you are registering, establishing, and updating your FIT Radio Account. We may use or transfer your email address to deliver targeted marketing messages from us, our subsidiaries, affiliated companies, and other trusted businesses. You may opt out from receiving these marketing messages by following the instructions provided in the messages.

Third Party Websites: The FIT Radio Platforms may display links to third party websites or online services. Please note that FIT Radio cannot control and cannot be held responsible for the privacy policies of third party websites or services. You should always read the privacy policy of a website to find out more about how personal information is collected and processed.

Third Party Social Media: The FIT Radio Platforms may allow you to sign in and connect your FIT Radio Account to third party social media platforms, such as your Facebook or Twitter accounts. When connecting your FIT Radio Account with such accounts, FIT Radio may also receive and store information from those services including your name, user name, password, profile picture, unique identifier and access token, gender, birthday and email address. We may collect information about you from people who have stored information about you when they elect to use certain features of FIT Radio, or when they enable connectivity with a third-party website or application where they have stored such information.

In addition, information shared to third party social media platforms (such as "likes" or other posts) will be attributed to the third party accounts to which your FIT Radio Account is connected. The use of such information by the third party social media platforms is governed by their respective privacy policies and FIT Radio's use of such information is governed by this FIT Radio Privacy Policy. You understand and agree that you need to consult both privacy policies to amend or delete personal information that has been provided to third party social media platforms. If you do not wish for such use of your personal data to take place, you should not agree to share information about your FIT Radio Account (such as the music or DJs you like or play) to third party social media platforms and/or you should adjust your settings to deactivate such sharing.

Non-Personal Information: FIT Radio may collect non-personal information from your use of our FIT Radio Platforms, such as user traffic and usage patterns on the FIT Radio Platforms, IP addresses, browser, platform, mobile device, and similar information regarding the use of our software and services. FIT Radio may also use cookies when you use the FIT Radio Platforms to improve your user experience and facilitate FIT Radio's performance, service, and other purposes. FIT Radio does not require that you accept cookies but some functionality on the FIT Radio Platforms may not function properly if you decline to accept cookies. You can direct your browser to refuse all cookies or to notify you when a cookie is being sent.

Transactions: Your information may be shared with third-parties as necessary to facilitate the use of FIT Radio, including but not limited to facilitating payments and user transactions.

Use of Information: We may use the information that we collect about you for the following purposes: to identify you when you log in to the FIT Radio Platforms; to create your user profile; to respond to your comments or inquiries you submit to us; to facilitate payment processing for your Account subscription; and to send you FIT Radio updates, newsletters, and email notifications. Your Personal and Non-Personal Information may also be used for the following business purposes: to operate and maintain your Account; to provide you with access to the FIT Radio Platforms; to identify you as a the creator of the User Submissions or other material uploaded by you; to seek your participation in surveys; to provide other registered users with data regarding the popularity of User Submissions; to prevent, warn, notify, or take action against activities that are, or may be, in breach of our Terms of Use or applicable law; and to analyze how people are visiting and using the FIT Radio Platforms for the purpose of improving FIT Radio; or other purposes we may disclose to you from time to time, provided you agree to the proposed use of your personal information.

Legal Disclosure: FIT Radio may disclose information requested pursuant to any method proscribed by a court of competent jurisdiction, including but not limited to complying with subpoenas, court orders, or other requests, as well as to any law enforcement or governmental entity.

Information from Third Parties: FIT Radio may receive personal information from third parties about their users and may combine this information with other personal information we maintain about you. Such information may be used to facilitate advertisements appearing on the FIT Radio Platforms.

Protection of Information: FIT Radio has implemented commercially reasonable physical and electronic security measures to protect against the loss, misuse, and alteration of your personal information. However, FIT Radio cannot and does not guarantee that your personal information will never be breached.

Retention Policy: FIT Radio will retain any identifying information about you for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a different retention period is required by any applicable law, rule, or regulation.

Updates: We reserve the right to make changes to this Privacy Policy, and FIT Radio may occasionally update this Privacy Policy. When we do, we will also revise the "Last modified" date at the bottom of this policy. We encourage you to review this policy prior to any use of the FIT Radio Platforms to stay informed about our collection, use and disclosure of personal information.

Agreement: By using the FIT Radio Platforms, you signify your assent to this Privacy Policy. If you decide that you do not want us to you your personal information in the manner described in the Privacy Policy, please do not use the FIT Radio Platforms.

Contact: If you have any questions about this Privacy Policy or otherwise wish to contact us, you may send an email to: privacy@FITRadio.com.

Choice of Law: This Privacy Policy shall be governed by and construed and enforced in accordance with the laws of the State of Georgia and the United States of America.

Choice of Forum: Any litigation, arbitration, or dispute shall be conducted exclusively in the State of Georgia. You hereby consent to the jurisdiction and venue of such courts. You hereby waive the defense of lack of jurisdiction and venue of such courts.

Dated: December 14, 2011

 

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