Privacy Policy
Introduction
- We are committed to safeguarding the privacy of our website visitors and service users.
- This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
- We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
- In this policy, "we", "us" and "our" refer to Gensokyo Radio and LunarSpotlight Media. For more information about us, see Section 14.
Credit
- This document was created using a template from SEQ Legal (https://seqlegal.com).
How we use your personal data
- In this Section 3 we have set out:
- the general categories of personal data that we may process;
- in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
- the purposes for which we may process personal data; and
- the legal bases of the processing.
- We may process data about your use of our website and services ("usage data"). The usage data may include your browser type and version, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
- We may process your account data ("account data"). The account data may include your username, email address, date of birth, first/last name, and gender. The source of the account data is from you when a new account is opened on our website. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is consent.
- Date of birth is required during account registration for us to remain in compliance with COPPA (Childrens Online Privacy Protection Act). Our website, products, and services are all directed to people who are at least 13 years old or older. If we discover a user has registered and is under 13 years of age, we will delete the account from our records.
- We may process your information included in your personal profile on our website ("profile data"). The profile data may include profile pictures, interests and hobbies, and “about me” details. The profile data may be processed for the purposes of allowing the user to provide additional information about themselves to other users. The legal basis for this processing is consent.
- We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include IP address, IP-indicated geographical location, history of connections to our internet radio station, and frequency and duration of connections. The source of the service data is from the SHOUTcast server software API and the MaxMind IP geolocation database. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and service as well as for historical reference and statistics.
- We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.
- We may process information contained in any inquiry you submit to us regarding goods and/or services ("inquiry data"). The inquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
- We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
- We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
- In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
- Please do not supply any other person's personal data to us, unless we prompt you to do so.
- In this Section 3 we have set out:
Providing your personal data to others
- We may disclose your personal data to any member of our organization (this means our subsidiaries, our ultimate holding organization and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
- Financial transactions relating to our website and services are handled by our payment services providers, PayPal and Stripe. We do not process transaction data within our systems. We will operate through our payment service providers to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.paypal.com/webapps/mpp/ua/privacy-full (PayPal) and https://stripe.com/privacy (Stripe).
- We may disclose your inquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of market research so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the inquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party's use of your personal data.
- The Gensokyo Radio mobile application, available on the Google Play store, uses a third party product called Firebase Crashlytics ("Firebase"). In the case of an error in the app, Firebase may collect data and information refered to as "Log Data". This Log Data may include information such as your device Internet Protocol ("IP") address, device name, operating system version, the configuration of the app when utilizing our Service, the time and data of your use of the Service, and other statistics. You can find information about how Firebase handles data collection at https://firebase.google.com/support/privacy/ and https://firebase.google.com/policies/analytics. Additional information regarding Google Play's privacy policy is available at https://www.google.com/policies/privacy/.
- We may elect to serve audio-based ads on our internet radio station using a third party product called Targetspot. When connecting to our internet radio station, Targetspot collects anonymized Internet Protocol ("IP") data to serve targeted, geographically relevant advertisements to listeners. You can find information about how Targetspot handles data collection at https://www.targetspot.com/privacy-policy/.
- In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
International transfers of your personal data
- In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
- We have facilities in The United States of America. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://ec.europa.eu/info/law/law-topic/data-protection_en.
- The hosting facilities for our website and services are situated in Canada. Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which you can obtain from https://ec.europa.eu/info/law/law-topic/data-protection_en.
- You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
Retaining and deleting personal data
- This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
- Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
- We will retain your personal data as follows:
- Usage data will be retained for a maximum period of 26 months as defined by Google Analytics’ data retention policy.
- Account data, profile data, and notification data will be retained for a minimum period of one month following the date of registration and will continue to be maintained until the account is terminated by the user. If the user does not verify their account after initial registration and within the one month period, the account will automatically be deleted.
- In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
- the period of retention of service data will be determined based on our legitimate interests in maintaining historical references and statistical information regarding usage of our services. Data may become aggregated where no personally identifiable information can be extracted from statistical information.
- the period of retention of publication data will be determined based on the original creator’s actions. By default, publication of posts and/or comments will not expire unless the original creator removes them, an administrative member receives a request to remove them by the original creator, or an administrative member removes them as an act of moderation.
- the period of retention of inquiry data will be determined based on the requirements of the request, survey, or otherwise by which inquiry data is collected. Data may be immediately aggregated or become aggregated at a later time where no personally identifiable information can be extracted from results.
- Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Amendments
- We may update this policy from time to time by publishing a new version on our website.
- You should check this page occasionally to ensure you are happy with any changes to this policy.
- We may notify you of changes to this policy by email or through a notification on our website.
Your rights
- In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
- Your principal rights under data protection law are:
- the right to access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to object to processing;
- the right to data portability;
- the right to complain to a supervisory authority; and
- the right to withdraw consent.
- You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting https://gensokyoradio.net/user/data/ when logged into our website.
- You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
- In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
- In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
- You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
- You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
- You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- To the extent that the legal basis for our processing of your personal data is:
- consent; or
- that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
- If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
- To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
- You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this Section 8.
About cookies
- A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
- Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
- Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies that we use
- We use cookies for the following purposes:
- personalization - we use cookies to store information about your preferences and to personalise the website for you (cookies used for this purpose are: “grVolume”); and
- cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally (cookies used for this purpose are: “grAcceptCookie”).
- We use cookies for the following purposes:
Cookies used by our service providers
- Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
- We use Google Analytics to analyze the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.
- At our option, we may publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.
- We use Discord to provide a place for users to chat and interact with other users and listeners online. This service uses cookies to keep track of your local computer’s settings such as which account you have logged into and notification settings. You can view the privacy policy of this service provider at https://discordapp.com/privacy.
Managing cookies
- Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
- https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
- http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
- https://support.apple.com/kb/PH21411 (Safari); and
- https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
- Blocking all cookies will have a negative impact upon the usability of many websites.
- If you block cookies, you will not be able to use all the features on our website.
- Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
Application
- Android
- The "Gensokyo Radio" application on the Google Play store requests the "READ_PHONE_STATE" permission. This is used in conjunction with the application's built-in audio player to automatically stop playing when a phone call is received by the device. No data is collected or stored about calls, their details, or any call history.
Our details
- This website is owned and operated by LunarSpotlight Media.
- You can contact us:
- by email, using the email address published on our contact page at https://gensokyoradio.net/contact/;
- by post, to
Gensokyo Radio
P.O. Box 365
Somerset, WI 54025
United States
This policy was last modified on May 25th, 2023