Privacy Policy

This is the privacy policy for the websites and mobile applications affiliated with the services operated by Torstm, including but not limited to Torstm® Play (collectively, the “Sites”). This is the place where we to tell you up front what types of information we collect from you through your interaction with the Sites, and how we may use it, our rights to share and disclose such information to third parties and how you can review and modify information that you provide. This privacy policy applies whether you provide information to Torstm via a personal computer, a mobile device or any other technology or device and whether or not you are a registered user of the Torstm services. When using the Sites you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

Your use of the Sites is also expressly subject to Torstm’s Terms of Use ( http://www.Torstm.com/content/legal/TermsOfUse.htm). This means that by using any of the Torstm websites and/or mobile applications, you are agreeing to such Terms of Use. In addition, your use of the Torstm mobile applications means you also agree as follows: (i) if you use Torstm’s iOS mobile application, you agree to be legally bound by Apple’s standard Licensed Application End User License Agreement (EULA), which is part of the Apple App Store Terms of Service, and (ii) if you use Torstm’s Android mobile application, you agree to be legally bound by Torstm’s End User License Agreement for Android ( http://www.Torstm.com/content/legal/MC-Android-EULA.htm).

A. INFORMATION THAT WE COLLECT: PERSONAL AND NON-PERSONAL

We collect two types of information from visitors to the Sites: (1) Personal Information; and (2) Non-Personal Information, such as your IP address or cookies.

1. Personal Information

When we use the term “Personal Information” we mean information we may collect that allows others to identify or contact you, including your first and last name, home address, e-mail address, telephone number, device identification number, billing information, instant messenger or social media nickname, blog or other personal website URL. Here are some examples of manners in which we may collect your personal information on the Sites:

· If you elect to become a registered user of the Sites, we may collect your first and last name, your e-mail address, a password, your date of birth, your gender, your state and your zip code, as well as your phone number and/or photograph (if provided).

· We may collect your e-mail address or telephone number if you contact us with a question.

· We may collect your first and last name, date of birth, mobile phone number and e-mail address if you choose to participate in a contest or sweepstakes offered on the Sites, or offered via another means, such as through Twitter or a mobile device. In addition, there may be certain features and functions of the Torstm services that allow you to submit information, feedback, post content, etc. by e-mail, text message, instant message or other similar technology. For example, you could vote in a poll or send a shout out from your mobile phone or send us your picture or video for broadcast by e-mail or via social media. In those instances, we may retain your e-mails and communications and other information and content you submit to us for our internal purposes and to help us serve you better.

· We may collect your first and last name, your address, and your credit card and billing information if you make a purchase of a product or service from Torstm.

· You may also provide your mobile phone number (in accordance with the terms herein) when you interact with the Torstm services. Thereafter, each time you access or participate in interactive features or functions through the Sites, Torstm may ask for certain other, non-personal information from you, such as your music preferences.

· We may collect an identification number unique to your device when you interact with the Sites using a mobile device. You understand and agree that you will be charged standard data rates by your wireless carrier for all interactions with the Sites using a mobile device.

· We may collect your name, image or other personal information if you post any content on the Sites, such as video files, or other communications made via chat rooms or social media.

· You may also have the opportunity to register to receive newsletters, special promotions and other communications that promote Torstm, the availability of certain content on our channels, or other products or services offered by us or our business partners. To sign up for or participate in these features or functions, you may be required to provide certain information in order for us to fulfill your requests, personalize your participation, and/or enable you to use such features or functions.

The above list provides an example of the personal information that may be collected on the Sites. While you’re under no obligation to provide the information requested, if you decline to do so, Torstm may be unable to provide you with certain services. If you do not want Torstm to collect your personal information, please do not provide it to us.

2. Non-Personal Information

“Non-Personal Information” can be technical information or it can be demographic information, such as your age, gender, zip code or other geolocation data, or interests. Non-personal information does NOT identify you personally. Here are some examples of the non-personal information that is collected via the Sites and a description of how this information is used:

· Cookies – When you access the Sites, Torstm will also place a “cookie” on your device. A cookie is a small text file that is stored on your device and enables our servers to recognize your device when you return. We use cookies to store information, such as your user ID or device identification number, so that we can avoid burdensome and repetitive requests for information and to compile data regarding usage of the Sites. Some of the cookies that we use may be Flash cookies or Adobe cookies. While they are harmless, they may contain Demographic Information (defined below) and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.

· We may also use cookies or other similar tracking technology to collect other information regarding the usage of our services, such as data regarding the number of users of a service, and the number of times a service is accessed. For more information on cookies, including instructions on how to disable them, please refer to your browser’s website. But please be advised, disabling cookies will prevent Torstm from providing certain services to you.

· Google Analytics — To help facilitate the delivery of relevant content, Torstm may utilize Google Analytics to identify how users engage with our Sites and to provide us with interest and demographic information regarding our users. Torstm may also use this data for optimizing marketing and refining advertising and/or programming strategies. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: http://www.google.com/intl/en/analytics/privacyoverview.html.

· Nielsen – Torstm Sites may feature Nielsen proprietary measurement software, which will allow you to contribute to market research, such as Nielsen TV Ratings. To learn more about the information that Nielsen software may collect and your choices with regard to it, including opt-out procedures, please see the Nielsen Digital Measurement Privacy Policy at http://www.nielsen.com/digitalprivacy.

· Internet Protocol (IP) address – Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Sites to the interests of our users and to measure traffic within our Sites.

· Demographic Information – “Demographic Information” may be your gender, age, zip code and interests, which you voluntarily provide to us on the Sites or which may be automatically collected as described within this Privacy Policy. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Sites meets your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personally identifiable information.

· Geolocation Data – We may also collect your location if you choose to allow us to track your location through our Sites or Services or if your device indicates a certain geographic location. This information may help us provide recommendations based on your location, serve you with advertisements or direct you to a product or service that we believe may be of interest to you and that is marketed to people near your location.

· Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) – “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, web beacons can tell the sender whether and when an e-mail has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.

The above list provides examples of the non-personal information that is collected via the Sites. We may collect the above non-personal information from all visitors to our Sites. If you do not want Torstm to have access to this information, please do not visit our Sites.

B. Use of Information Collected Via the Sites

1. Personal Information

We use your personal information that is collected on the Sites primarily for the following purposes:

· To deliver services, such as music requests, programs, information, newsletters or software you request or purchase;

· To contact you regarding the administration of your account or any features or functions you have registered to use;

· To complete a transaction or service requested by you;

· To verify your e-mail address, mobile phone number, or device;

· To connect your account to external, third party applications, such as, but without limitation, Facebook or Twitter;

· To identify you when you post comments or other information to the Sites;

· To enable you to participate in various interactive features or functions at your request;

To fulfill the terms of a promotion;
To answer your questions or other requests;
· To send you marketing or promotional messages or otherwise alert you to any special offers or events, unless you have requested not to receive such information;

· To contact you regarding your use of the Sites or Torstm services;

· To tailor your experience on the Sites and/or otherwise customizing what you see on the Sites or the Torstm services;

· To save your user ID or other personal information so that you don’t need to re-enter it every time you visit the Sites;

· To notify you about a material change to this privacy policy or the Torstm Terms of Use, if necessary;

· To otherwise administer the Sites or your interaction with the Torstm service; and

· For any other purpose disclosed at the time you provide your personal information.

2. Non-Personal Information

Non-personal information is used as described above and in other ways as permitted by applicable laws, including combining non-personal information with personal information.

For example, Torstm and its authorized affiliates may use non-personal information and usage data to (i) create marketing analyses and reports showing how Torstm users, as collective groups, interact with our services, (ii) develop reports that help us and other strategic third parties determine what interests Torstm users, as a group, or (iii) generally improve our product and service offerings. Such reports will not contain any personal information about you.

C. Sharing and Disclosure of Information

1. Personal Information

We may share or disclose your personal information in the following instances:

(i) To fulfill a service to you. For example, if you choose to watch a video on the Sites, we may share your personal information in order to provide the program to you. In addition, if you contact us with a question, we may use your e-mail address or mobile phone number to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes with mail carriers. We also may share your information with the co-sponsor of that promotion.

(ii) To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal information for research, administrative and/or internal business purposes. These parties may use your personal information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personal information in this manner, please do not provide us with this information.

(iii) To unaffiliated third-party service providers, agents, independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, processing your requests, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on Torstm’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.

(iv) To complete your purchase. If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).

(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of Torstm and the Sites or act in urgent circumstances to protect the personal safety of our end users.

(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.

(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

(viii) To protect against potential fraud, we may verify with third parties the information collected from the Sites. In the course of such verification, we may receive personal information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.

Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personal information to any third parties. If you do not consent to your personal information being disclosed as discussed above, please do not provide it to us.

2. Non-Personal Information

We use non-personal information collected on the Sites in the manner disclosed above, in Section B (2). We may share this non-personal information with third parties.

D. Children Under Age 13

Torstm does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register on the Sites. If you are under 13 please do not attempt to register on the Sites or send us any Personal Information. If you become aware that your child has provided us with personal information without your consent, please contact us at [email protected] If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.

E. Children Between the Ages of 13 and 18

We recommend that minors 13 years or older ask their parents for permission before registering on the Sites or using any of the community features of the Torstm services.

F. Opt-Out

In addition to the specific opt-out procedures for Torstm Sites’ use of Google Analytics and Nielsen measurement software set forth in paragraph A.2. above, you may opt-out of receiving marketing or promotional messages from Torstm or strategic third parties at any time. For e-mails, you can opt-out by going to the link provided at the bottom of any e-mail you receive from Torstm and opting out of receiving information from Torstm. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. For text messages, you can text STOP in response to any text message you receive from Torstm. You may receive a confirmatory text message in response to your “STOP” message and you hereby consent to receipt of such confirmation.

G. Your Disclosure to Third Parties

If you respond to any interactive advertisement or offer by a third party (whether via an email, message or otherwise), or if you request information about a product or service offered by a third party, then your personal information will be disclosed to such third party. Torstm cannot control, and makes no representations about, the collection or use of your information by such third parties. If you chose to register for or subscribe to any such third party product or service, any further correspondence between you and such third party including, without limitation, any resulting contractual agreements, are solely between you and the advertiser/third party. Neither Torstm nor its distributors will be responsible for upholding any applicable terms, conditions, representations or warranties made by the advertiser/third party in connection therewith and shall otherwise have no liability associated with your interaction with such advertiser/third party.

H. How Can You Correct Any Inaccuracies in Your Personal Information?

You can keep the information that you provide to us accurate, current and complete by visiting the Sites subscription page to update your information. If a user ID and password are required to access the feature, you will need to provide such information to update your registration information.

I. How Is Your Information Protected?

Torstm operates reasonably secure data networks utilizing firewalls, encryption and password protection systems. Only authorized individuals have access to the personal information provided by you. Despite these practices, no communication network can be 100% secure. Your communications with us will travel through third party networks and systems and Torstm assumes no responsibility for the security of such networks or systems.

If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice on our Sites if a security breach occurs. We may also send an e-mail to you at the e-mail address you have provided to us in these circumstances or a text message at the mobile phone number provided. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

J. Forums, Chat Rooms and Other Public Posting Areas

Please note that any information you include in a message you post to any chat room, forum, social media site or other public posting area, including without limitation Facebook.com and Twitter.com, is available to anyone with Internet access and may be published or reproduced in other media. Under no circumstances will Torstm be liable for displaying, broadcasting, or reproducing content that you have publicly posted through our Sites or another site. If you don’t want people to know your e-mail address, user name or handle for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS, SOCIAL MEDIA SITES AND OTHER PUBLIC POSTING AREAS.

K. Third Party Web Sites