Privacy Policy

It is important that You read this Policy together with any other privacy policies or fair processing policies We may provide on specific occasions so that You are fully aware of when, why, and how We collect and process your personal data. If You disagree with this Policy in whole or in part, You are entitled to terminate using this Application at any time.

1. Introduction

1.1 FmRadio (hereinafter referred to as "We" or "us" or "our") takes Users' privacy very seriously, and We are committed to protecting and respecting Users' privacy. That value powers all of the decisions We make, including how We collect, use, share, store and respect Users' personal data.

1.2 We are both the data controller and data processor, who determines the purposes and methods of the data processing concerning your personal data collected by us, and is responsible for the data processing for your use of our services. If You have any questions, You can contact us by support: qlove89757@gmail.com.

2. Types of Data collected

2.1 Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Tracker; Usage Data; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); Application updates.

2.2 Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.

2.3 Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application.

2.4 Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, You are free not to communicate this Data without consequences to the availability or the functioning of the Service.

2.5 If you are uncertain about which Personal Data is mandatory, you are welcome to contact us.

2.6 Any use of Cookies – or of other tracking tools – by this Application or by us of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present Policy and in the Cookie Policy, if available.

2.7 You are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to us.

3. Mode and place of processing the Data

3.1 Methods of processing
We take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to us, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by us. The updated list of these parties may be requested from us at any time.

3.2 Legal basis of processing
We may process Personal Data relating to You if one of the following applies:

You have given their consent for one or more specific purposes. Note: Under some legislations We may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;
provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
processing is necessary for compliance with a legal obligation to which We are subject;
processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;
processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

In any case, We will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

3.3 Place
The Data is processed at our operating offices and in any other places where the parties involved in the processing are located.

Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, You can check the section containing details about the processing of Personal Data.

You are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard their Data.

If any such transfer takes place, You can find out more by checking the relevant sections of this Policy or inquire with us using the information provided in the contact section.

3.4 Retention time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.

Therefore:

Personal Data collected for purposes related to the performance of a contract between You and us shall be retained until such contract has been fully performed.
Personal Data collected for the purposes of our legitimate interests shall be retained as long as needed to fulfill such purposes. You may find specific information regarding the legitimate interests pursued by us within the relevant sections of this Policy or by contacting us.

We may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, We may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right of access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

4. The purposes of processing

4.1 The Data concerning the User is collected to allow us to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Advertising, Analytics, Platform services and hosting and Hosting and backend infrastructure.

4.2 For specific information about the Personal Data used for each purpose, the User may refer to the section “Detailed information on the processing of Personal Data”.

5. Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

5.1 Advertising
Information Collection and Use

For a better experience, while using our Service, I may require you to provide us with certain personally identifiable information. The information that I request will be retained on your device and is not collected by me in any way.

The app does use third party services that may collect information used to identify you.

Link to privacy policy of third party service providers used by the app

6. The rights of You

6.1 You may exercise certain rights regarding their Data processed by us.

6.2 In particular, You have the right to do the following:

Withdraw your consent at any time. You have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

Object to processing of your Data. You have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

Access your Data. You have the right to learn if Data is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.

Verify and seek rectification. You have the right to verify the accuracy of their Data and ask for it to be updated or corrected.

Restrict the processing of your Data. You have the right, under certain circumstances, to restrict the processing of their Data. In this case, We will not process their Data for any purpose other than storing it.

Have your Personal Data deleted or otherwise removed. You have the right, under certain circumstances, to obtain the erasure of your Data from us.

Receive your Data and have it transferred to another controller. You have the right to receive your Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.

Lodge a complaint. You have the right to bring a claim before your competent data protection authority.

6.3 Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in us or for the purposes of the legitimate interests pursued by us, You may object to such processing by providing a ground related to your particular situation to justify the objection.

You must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether We are processing Personal Data for direct marketing purposes, You may refer to the relevant sections of this Policy.

6.4 How to exercise these rights
Any requests to exercise User rights can be directed to us through the contact details provided in this Policy. These requests can be exercised free of charge and will be addressed by us as early as possible and always within one month.

7 Cookie Policy

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device's internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

8. Additional information about Data collection and processing

8.1 Legal action
The User's Personal Data may be used for legal purposes by us in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that We may be required to reveal personal data upon request of public authorities.

8.2 Additional information about User's Personal Data
In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request.

8.3. System logs and maintenance
For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose.

8.4 Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from us at any time. Please see the contact information at the beginning of this Policy.

8.5 How “Do Not Track” requests are handled
This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies.

8.6 Changes to this privacy policy
We reserve the right to make changes to this privacy policy at any time by notifying its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to You via any contact information available to us. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, We shall collect new consent from the User, where required.

9. Information for Users residing in Brazil

9.1 This part of the Policy integrates with and supplements the information contained in the rest of the privacy policy and is provided by the entity running this Application and, if the case may be, its parent, subsidiaries and affiliates.

9.2 The provisions contained in this section apply to all Users who reside in Brazil, according to the "Lei Geral de Proteção de Dados". For such Users, these provisions supersede any other possibly divergent or conflicting provisions contained in this privacy policy.

9.3 This part of the Policy uses the term “personal information“ as it is defined in the Lei Geral de Proteção de Dados (LGPD).

9.4 The grounds on which we process your personal information
We can process your personal information solely if we have a legal basis for such processing. Legal bases are as follows:

your consent to the relevant processing activities;

compliance with a legal or regulatory obligation that lies with us;

the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;

studies conducted by research entities, preferably carried out on anonymized personal information;

the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;

the exercising of our rights in judicial, administrative or arbitration procedures;

protection or physical safety of yourself or a third party; the protection of health – in procedures carried out by health entities or professionals;

our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and credit protection.

To find out more about the legal bases, you can contact us at any time using the contact details provided in this Policy.

9.5 Categories of personal information processed
To find out what categories of your personal information are processed, you can read the section titled “Detailed information on the processing of Personal Data” within this Policy.

9.6 Why we process your personal information
To find out why we process your personal information, you can read the sections titled “Detailed information on the processing of Personal Data” and “The purposes of processing” within this Policy.

9.7 Your Brazilian privacy rights, how to file a request and our response to your requests
You have the right to:

obtain confirmation of the existence of processing activities on your personal information;

access to your personal information;

have incomplete, inaccurate or outdated personal information rectified; obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD;

obtain information on the possibility to provide or deny your consent and the consequences thereof;

obtain information about the third parties with whom we share your personal information;

obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;

obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in art. 16 of the LGPD apply;

revoke your consent at any time;

lodge a complaint related to your personal information with the ANPD (the National Data Protection Authority) or with consumer protection bodies;

oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;

request clear and adequate information regarding the criteria and procedures used for an automated decision; and

request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.

You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.

9.8 How to file your request
You can file your express request to exercise your rights free from any charge, at any time, by using the contact details provided in this Policy, or via your legal representative.

9.9 How and when we will respond to your request
We will strive to promptly respond to your requests.

In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your personal information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.

In the event that you file an ACCESS or PERSONAL INFORMATION processing confirmation request, please make sure that you specify whether you’d like your personal information to be delivered in electronic or printed form. You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead.

In the latter case, we’ll respond within 15 days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether or not records exist, any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.

In the event that you file a rectification, deletion, anonymization or personal information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request – except in cases where such communication is proven impossible or involves disproportionate effort on our side.

9.10 How and when we will respond to your request
We are allowed to transfer your personal information outside of the Brazilian territory in the following cases:

when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law;

when the transfer is necessary to protect your life or physical security or those of a third party;

when the transfer is authorized by the ANPD;

when the transfer results from a commitment undertaken in an international cooperation agreement;

when the transfer is necessary for the execution of a public policy or legal attribution of public service;

when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.

Last Update: Nov 11nd, 2022