Privacy Policy
Mobile Application & Services
This “Privacy Policy” is based on Our respect for the privacy of Our Users. This Privacy Policy governs the manner in which We collect, use, maintain, and disclose information collected from Users of the AirKast App and all of Our Services and such Users’ online interactions through the Services. All defined terms in this Privacy Policy are either defined below or in the “End User Terms and Conditions” (“EUTC”). The EUTC includes this Privacy Policy, both of which govern your use of the Services.
This Privacy Policy does not apply to any third party websites or social media platforms, which may provide information or offer products and services that AirKast makes available through the Services. To understand how any third party treats your information, you should contact such third party or read its privacy policy and any other applicable terms.
We encourage you to read this entire Privacy Policy before using the AirKast App and all of Our Services.
Do not use the AirKast App and all of Our Services if you are unwilling to accept the terms and conditions of this Privacy Policy.
You may access or use Our Services ONLY IF you are 13 years of age or older and ONLY IN compliance with the “Minimum Age of User” Section in Our EUTC. If you are younger than 13 years old, you must comply with the Section in Our EUTC BEFORE you may use Our Services.
By using the Services, you agree to the EUTC and this Privacy Policy.
When you submit information to Us, use the Services, or purchase any of Our products or services, you consent to the collection, storage, use, and disclosure of such information in accordance with this Privacy Policy
“Personal Information” is information that identifies an individual or that relates to an identifiable individual. You provide AirKast with the following Personal Information when you contact Us about a dispute or claim or for assistance: your first and last names, email address, password, and if related to a dispute or claim, your phone number, email and formal mailing address, and information related to your dispute or claim. AirKast collects, uses, and stores this Personal Information as described in this Privacy Policy.
We also collect, use, and store other information about you that we treat as Personal Information when you use the AirKast App or other non-app services.
Such Personal Information can also include information:
(a) you choose to send to Us;
(b) contained in or relating to any communication you send to Us
or send through Our Services (including the communication content
and metadata associated with the communication); and
(c) generated during such use, including the timing, frequency and
pattern of how you use Our Services.
(f) the mobile device’s advertising identifier also known as
Apple’s IDFA and Google’s Advertising ID.
The refusal to provide any of the above-described information may prevent you from using the AirKast App or any other part of Our Services in an effective manner.
In the future, We may allow you to elect to connect your social media account to your Services account, in which case, certain Personal Information from your social media account.
We automatically collect and log non-personally identifiable information (“Generic Information”) about you and your computer or other device whenever you interact with Our Services. Generic Information may include, but is not limited to, your computer operating system, browser type, browser language, mobile service provider, pages you view on Our Services, how long you spend on a page, your Internet service utilized, products or services you purchase from Us, and other similar information about your use of and actions related to your use of Our Services.
Additionally, we automatically collect but do not log your device’s advertising identifier whenever you interact with Our Services. The advertising identifier is not stored using any methods on Our Services. The advertising identifier is passed to Our Services third-party partners to provide more relevant information, content, or advertising and hence, providing a better and enhanced end-user experience.
We may also obtain information related to you from other
sources. We protect this information according to the
practices described in this Privacy Policy, plus any additional
restrictions imposed by the source of the data. These
sources vary over time, but may include:
o service providers that help Us determine a
location based on your IP address in order to customize Our
Services and for other uses consistent with this Privacy Policy;
o select partners that make Our Services
available on their device or with which We offer co-branded
services or engage in joint marketing activities;
o payment service providers who provide Us with
updated payment method information based on their relationship
with you;
o online and offline data providers, from which
We obtain demographic, interest based and online advertising
related data; and
o publicly-available sources, such as open
government databases.
Our Services may use "cookies" to enhance your experience with Our Services so that Our Services or other offerings are tailored for you in a way that better matches your interests and preferences. Cookies are small data files stored on your mobile device. We may use both session Cookies that expire once your web browser is closed and persistent Cookies that remain on your computer or mobile device until deleted. Most Internet browsers enable you to erase cookies from your mobile device’s hard drive, block all cookies, or receive a warning before a Cookie is stored. You should refer to your computer, mobile device or web browser instructions or help screen to learn more about these functions. Please note that some parts of the Services may not function properly if Cookies are disabled. See the section below on “Cookies and Internet Advertising” for more details.
You have a right to (1) access, modify, correct, or delete any identifiable Information controlled by AirKast regarding your profile, and (2) change or remove your information or content (but see note below.), and (3) deactivate your account where applicable. If you close your account, your information will generally be removed from the Services within 48 hours. We take reasonable measures to delete the requested information and will destroy or de-identify personal information in a secure manner when it is no longer required.
We may reject requests to access, modify, correct, delete, change or remove your information if such request is unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose Us to operational risks. We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for Our billing or records purposes and to fulfill the purposes described in this Privacy Policy.
With the exception of contact information, We do NOT retain user data once they are not Users of (and have an account with) Our Services.
PLEASE NOTE: Any information or content you have shared with others (if applicable) through the Services (for example, a comment that you posted) or that others have copied may remain visible after you have closed your account or deleted the information from your own profile. In addition, you may not be able to access, correct, or eliminate any information about you that other Users copied or exported out of Our Services (if such feature is available), because this information may not be within Our control.
We use or may use your information for the following purposes:
o
To operate and improve Our Services.
o To prevent, detect and investigate potentially
prohibited or illegal activities, including fraud, keeping the
systems and all data related to Our Services and your use secure
as described in this Privacy Policy, and enforcing Our User Terms.
o To share your information with AirKast
affiliates, subcontractors or vendors, as reasonably necessary to
provide the Services.
o To improve customer service and respond to your customer service requests, questions, complaints, comments, support needs and any other non-marketing commercial communications.
o To send you marketing
communications relating to our business or the businesses of
carefully-selected third parties which we think may be of
interest to you, by post or, where you have specifically agreed
to this, by email or similar technology (you can inform us at
any time if you no longer require marketing communications);
o To provide third parties with statistical
information about our users (but those third parties will not be
able to identify any individual user from that information);
o To verify compliance with the terms and
conditions governing the use of our website (including
monitoring private messages sent through our website private
messaging service); and
o To store data locally on your device(s) for
recommendation purposes, and in order to provide you with access
to Your Content when utilizing the AirKast App or other part of
Our Services without access to an Internet connection.
o Maintain log data utilizing Your Content in
order to track your progress during your use of the Services.
o To send information including invoices,
updates, order status, security alerts, technical notices,
confirmations, and other support, operational or administrative
messages.
o To deliver or process promotions or
newsletters, which may or may not originate from Us or Our third
third-party partners.
o To request your participation in
surveys. We may use the results of such surveys to
understand user engagement, as well as for marketing purposes.
o To facilitate payment processing related to
your use of the Services (see section below on Third Party
Payment Processors).
o We use your information in the aggregate to
understand how you use the Services and resources provided
through Our Services.
o To send periodic emails. If you opt-in to
Our mailing list, you will receive emails that may include
company news, updates, or product or service information.
o We may aggregate generic, non-personally
identifiable information from all Users of the Services, and
share this aggregate data or related statistics on the Services
in any way We deem useful to promote Us or Our products and
services.
o We may use your geolocation in order to
provide relevant content in relation to your geographical area.
These include but are not limited to, weather, traffic, local
news.
o Information or content (such as but not
limited to audio and video recordings, and images) which you
have created and submitted via the AirKast App may be used by
AirKast or the Show Provider in the manner which includes but
not limited to broadcast as part of the Show Provider’s Content
or displayed and reused on publicly accessible websites.
o We may disclose your personal information to
any of Our employees, officers, insurers, professional advisers,
agents, suppliers or subcontractors insofar as reasonably
necessary for the purposes set out in this Privacy Policy.
o To the purchaser (or prospective purchaser)
of any business or asset that we are (or are contemplating)
selling, or to any company in connection with any
reorganization, restructuring, merger or sale, or other transfer
of assets;
o We may also disclose your information or
information about your activities through the Services when
required by law, subpoena or other legal process, whether in the
United States or other jurisdictions, or if We have a good faith
belief that disclosure is reasonably necessary to: (1)
investigate, prevent, or take action regarding suspected or
actual illegal activities or any ongoing or prospective legal
proceeding or investigation, or to assist government enforcement
agencies; (2) enforce the User Terms; (3) investigate and defend
Ourselves against any third-party claims or allegations, or
protect the security or integrity of Our Services; or (4)
exercise or protect the rights, property, or safety of the
Services, Us, Our Company and Our Users, personnel, or others.
We attempt to notify Our Users about legal demands for their
personal information when appropriate in Our judgment, unless
prohibited by law or court order or when the request is an
emergency. In light of Our principles, We may dispute such
demands when We believe, in Our discretion, that the requests
are overbroad, vague or lack proper authority, but do not commit
to challenge every demand.
PLEASE NOTE: Personal information that you publish or submit through Our Services may, depending on the particular feature, be available, via the Internet, around the world. We cannot prevent the use or misuse of such information by others.
We and our Service Providers use cookies and other technologies (such as web beacons), as well as advertising identifiers, for various reasons. For example, We use these technologies to make it easy to access Our services by remembering you when you return, and to provide and analyze Our services. We also use cookies, as well as advertising identifiers, to learn more about Our Users and their likely interests, and to deliver and tailor marketing or advertising. We want you to be informed about Our use of these technologies, so this section explains the types of technologies We use, what they do and your choices regarding their use.
What are cookies?
Cookies are small data files that are commonly stored on your
device when you browse and use websites and online services. They
are widely used to make websites work, or to work more
efficiently, as well as to provide reporting information and
assist with service or advertising personalization. Cookies
are not the only types of technology that enable this
functionality. We also use other, similar types of
technologies, as described below.
What are advertising identifiers?
Advertising identifiers are similar to cookies and are found on
many mobile devices and tablets (for example, the "Identifier for
Advertisers" (or IDFA) on Apple iOS devices and the "Google
Advertising ID" on Android devices), and certain streaming media
devices. Like cookies, advertising identifiers are used to make
online advertising more relevant.
Why do We use cookies and advertising identifiers?
Essential cookies: These cookies are strictly necessary to provide Our Services. For example, We and our Service Providers may use these cookies to authenticate and identify Our Users so We can provide Our services to them. They also help Us to enforce our User Terms, prevent fraud and maintain the security of Our Services.
Performance and functionality cookies: These cookies are not essential, but help Us to personalize and enhance your experience with the AirKast App and Our related services. For example, they help Us to remember your preferences and prevent you from needing to re-enter information you previously provided (for example, during User login). We also use these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about Our Users’ use of the Services so that We can enhance and personalize Our Services and conduct market research. Deletion of these types of cookies may result in limited functionality of Our Services.
Advertising cookies and advertising identifiers: These
cookies and advertising identifiers use information about your use
of Our Services, Our Company Website, your response to ads and
emails, and to deliver ads that are more relevant to you. These
types of ads are called "interest-based advertising." Many of the
advertising cookies associated with Our Services belong to Our
Service Providers.
How can I exercise choice regarding cookies and advertising
identifiers?
To opt out of interest-based ads from Us in connection with an advertising identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under "privacy" or "ads" in your device's settings). You may still see AirKast App ads on your device, but they will not be tailored to your likely interests.
How Do We use Web Beacons and other Technologies?
Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. We and our Service Providers may use them for similar purposes as cookies, such as to understand and enhance the use of Our Services, improve site performance, monitor visitor traffic and actions on the AirKast App, and understand interactions with Our marketing (including email and online ads on third party sites). Because web beacons often work in conjunction with cookies, in many cases, declining cookies will impair the effectiveness of web beacons associated with those cookies.
We use other technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, some of these technologies may store small amounts of data on your device. We may use these and various other technologies for similar purposes as cookies, such as to enforce Our User Terms, prevent fraud, and analyze the use of Our Services. There are a number of ways to exercise choice regarding these technologies. For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; see your browser's help function or support area to learn more. Other technologies, such as Silverlight storage, may be cleared from within the application.
Some browsers or other tools include “do not track” features which, when turned on, send a signal to websites you visit indicating you do not wish to be tracked across websites over time. At this time, AirKast does not respond to these types of “do not track” signals.
We take the protection of your personal information seriously. We use reasonable administrative, logical, physical and managerial methods to maintain the integrity and security of Our databases, including the use of SSL encryption, firewalls, the use of digital signatures, administrative access level controls and employee training. We adopt reasonable data collection, storage and processing practices and security measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information.
You acknowledge and agree, however, that no such measures are ever completely, 100% secure or error-free. While We believe Our security procedures are commercially reasonable, We cannot guarantee the security of any information you submit or any information We gather.
We use and rely on the third party data hosting services of such as Amazon Web Services, Inc. (“AWS”) to host our Services on servers located in the United States. This means that if you do not reside in the U.S., then your Personal Information and other information will be transferred out of your country of residence and to the U.S., and such information will be processed and stored in the U.S.
AWS has represented to us that the data protection and privacy practices they follow are in compliance with various relevant statutory norms. You can access details on this at http://aws.amazon.com/security/. For users residing in the European Union, please note that AWS has established data protection policies and procedures in compliance with the GDPR. You can access details on this at https://aws.amazon.com/compliance/data-privacy-faq/.
The policies and practices described in this Privacy Policy do not apply to AWS and we make no warranty or claim regarding the privacy, confidentiality, integrity and security of any information and data stored or retained by AWS.
If you do not want your Personal Information to be transferred to a server located in the U.S., you should not provide us with your personal information or use the Service.
If you are not a resident of the U.S., by using the Services, you consent to the storage and processing of such information in the United States, which may have data protection laws that are different from those of your country of residence.
We use other companies, agents or contractors, including Processors as described above, to perform services on Our behalf or to assist Us with the provision of the Services to you (collectively, "Service Providers"). For example, in addition to Processors, We may engage Service Providers to provide marketing, advertising, communications, infrastructure and IT services, to personalize and optimize Our Services, to provide customer service, to collect debts, to analyze and enhance data (including data about users' interactions with Our Services), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services as described in these User Terms.
Also, social plug-ins and social applications are operated by the social networks themselves; therefore, if you choose to use such social plugins and social applications in connection with Our Services (if such connection is available), you understand that you are subject to the terms of use and privacy policies of such social networks.
Further, Our Services may include hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of the owners and operators of such websites.
If you are a California resident, you may exercise the following rights under the California Consumer Privacy Act (“CCPA”).
Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by Us; (2) purposes for which categories of Personal Information are collected or sold by Us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information We have collected about you (if any) during the past twelve months.
Right to Delete. Subject to certain exceptions, you may submit a verifiable request that We delete (if any) Personal Information about you that We have collected from you. (See Our contact information below.)
Verification. Requests for access to or deletion of Personal Information are subject to Our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please follow the instructions provided in Our email response to your request.
Right to Opt Out. In some circumstances, you may opt out of Our sharing of your Personal Information. For example, We may share your Personal Information with Our advertising partners in order to send you promotional communications about AirKast or to show you more tailored content, including relevant advertising for products and services that may be of interest to you. If you would like to opt out of such sharing of your Personal Information, please use contact Us at the email address indicated below or perform the opt out process within the app.
Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.
California’s Shine the Light Law. California Civil Code Section 1798.83, known as the “Shine The Light” law, permits Our Users who are California residents to request and obtain from Us a list of what personal information (if any) We disclosed to third parties for direct marketing purposes in the preceding calendar year, as well as the names and addresses of those third parties. Requests may be made only once a year and are free of charge. (See contact information below.)
We do not rent, sell, or share Personal Information (as defined by California Civil Code §1798.83) about you with other people or nonaffiliated companies for their direct marketing purposes, unless We have your permission. If We receive your permission, nonaffiliated companies may use your Personal Information to send you offers or other information that you may find of interest. Notwithstanding the foregoing, we may share Personal Information about you with Our advertising partners in order to send you promotional communications about AirKast or to show you more tailored content, including relevant advertising for products and services that may be of interest to you.
If you wish to opt out of such information sharing, please contact Us at the email address indicated below or perform the opt out process within the app.
Submit Requests. To exercise your rights under the CCPA, send an email to Us via Our Contact Information section.
Authorizing an Agent: To authorize an agent to make a request to know or delete on your behalf, please provide Us with written authorization signed by you and your authorized agent, and We will contact you with further steps required to verify your identity.
We may place advertising on Our Services, which contains links to the third party websites of Our partners, advertisers, sponsors, or other third parties. We accept no responsibility for the practices of such third party sites with respect to their privacy policies, and you should consult these websites’ policies prior to use.
Advertising available through Our Services may be provided by advertising partners, who might provide you with interest-based ads. Such ads are online ads that are tailored to your likely interests based on your use of various apps and websites across the Internet. If you are using a browser, these advertising partners may set cookies and web beacons to collect information to help determine your likely interests. If you are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine your likely interests. Further, some of Our ads may be provided by Google, who uses DART cookies to deliver targeted advertising. You may review and opt out of DART cookies at www.google.com/privacy_ads.html.
You must be 13 years of age or older to use Our Services. While an individual under the age of 13 may utilize Our Services, such individual may do so ONLY with the involvement, supervision, and approval of such individual’s parent or legal guardian. AirKast does not knowingly collect Personal Information about children under the age of 13 without the express consent of such child’s parent or legal guardian.
Do not send us, and do not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) through Our Services or otherwise to Us.
Before you disclose to Us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this Privacy Policy.
In practice, by using Our Services, you provide Us with implied consent for Our marketing purposes; however, you may opt-out by instructing Us at any time not to process your Personal Information for marketing purposes. Just follow the unsubscribe instructions at the bottom of emails that We send you or via Our Services.
AirKast reserves the right to change this Privacy Policy in its sole discretion at any time. Any changes will become effective when We post the revised Privacy Policy within the AirKast App or on any other part of the Services. Your use of the Services following such changes means that you accepted the revised Privacy Policy.
We want to be clear about our privacy practices so that you can make informed choice about the use of your information; therefore, if you have any questions about this Privacy Policy, please contact us at [email protected].
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us. Also, please note that if you contact Us for assistance, for your safety and Ours, We may need to authenticate your identity before providing any assistance you requested.
Effective Date: July 1, 2021