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Terms

1. Pulse Radio

This privacy policy sets out how Pulse Radio Limited ("Pulse Radio" or "we", "our" or "us") uses and protects any information that you give Pulse Radio when you use www.pulseradio.net (the "Website"). Pulse Radio enables users to submit and share " mixtapes ". A mixtape is an audio file that is stored remotely rather than locally and accessible to listen to on-demand. A mixtape may include, but is not limited to, a radio show, a Podcast, a DJ mix-set or a live recording. Pulse Radio is committed to ensuring that your privacy is protected. Any information you provide to us by which you may be identified when using the Website will only be used in accordance with this privacy policy.

Pulse Radio may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st July 2011.

2. Personal Information

In order to use certain features of the Website, you will need to register. When registering you will be asked to provide an email address and create a username and password. You may also choose to create a more detailed profile of yourself on the Website by submitting additional personal information. Please note that even if you do not provide any additional personal information to the Website (e.g. by adding it to your user profile), if you choose a username that includes or reveals your name or any other personal information, such information will then be available to other users of the Website and to the general public. For purposes of this Policy, the terms "personal information" and "personally identifiable information" shall mean all information provided during your initial registration on the Website and during your creation of a user profile, including, for example, your real name, e-mail address, postal address and other location information, your age, your gender and certain other demographic information or information that may enable online or offline contact with you. From the moment you register and begin listening to music on Pulse Radio, we will monitor your activity on the website and log this information in our databases. This includes which mixtapes you listen to or which you have submitted, when you listen to them, how long you listen to them for, which mixtapes are your favourite and so on. We will also monitor and log your music sharing activities. This information relating to your listening and music sharing activities can be viewed by all other users of Pulse Radio. Pulse Radio may make some of this information available to third parties to undertake development of new products and services via an API.

If you choose to purchase music or other goods or services by clicking on a third party link provided on the Website (for example, a link to www.amazon.com), such third party may collect your personal details (such as your credit card number, address, etc.) for the purpose of completing a transaction. We may be provided with confirmation of your transactions with such third parties and, in some instances, such confirmation may include your personal information. Aside from such confirmations, the only information that we will collect with respect to such third party links is: (a) the number of generic Pulse Radio users who utilized such third party links; and (b) the number of purchases made by these generic users. Where you upload photographs or other content as part of your user profile, you should be aware that Pulse Radio is entitled to use those photographs and content in accordance with our Terms & Conditions. Pulse Radio discourages users from uploading photographs of friends or other people without their permission.

3. Location-based Information

We keep track of the domains from which people visit Pulse Radio, but we cannot see a user's zip code, post code, city or country unless the user chooses to explicitly provide this information to us. If you do choose to include information about your city or country of residence when setting up your user profile, please be aware that such information may be available for viewing by other users of the Website and to the general public.

4. Browser Information

We collect data regarding the users of Pulse Radio, including: (i) The Internet Protocol (IP) address of the user's computer. This may or may not be associated with a particular Internet Service Provider (ISP); (ii) The referring URL, if any; (iii) The browser software identification (i.e. the brand and version of your browser software).

5. Use of Personal Information

We will use the email address provided by you when you register to contact you from time to time. This may be for security reasons (so that we can check that you are who you say you are), to ask your opinion about the Website, or it may be to keep you updated on the services currently available on the Website and any changes to those services and those that we intend to launch in the future. We may also use such personal information to send you notices, on behalf of others and ourselves, regarding products and services that we think may be of interest to you. Pulse Radio may also use your personal information and non-personal information to help Pulse Radio and its commercial partners deliver targeted advertisements, promotions and other similar initiatives to you. We will not permit any third parties to contact you directly on an unsolicited basis in relation to their own products or services, unless you have provided your express prior consent when signing up on the Website. You may withdraw your prior consent by notifying us at legal@pulseradio.net.

Your username, together with other information concerning your use of the Website, as well as any personal information included in your user profile, may be made available via Pulse Radio's open application interface (the "API").

6. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. You should never disclose your account password to unauthorised people. We use certain security measures to help keep your personal information safe, but we cannot guarantee that these measures will stop any users try to get around the privacy or security settings on the Website through unforeseen and/or illegal activity. Consequently, you acknowledge that there are circumstances in which your personal information may be accessed by unauthorised persons.

n the event that we believe that the security of your personal information in our possession or control may have been compromised or could be at risk, we may seek to notify you. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at legal@pulseradio.net with the alternative contact information you wish to be used.

 

7. Refund Policy

Refunds due to problems caused by Pulse

7.1. You will be entitled to a refund including any booking fee charged if:

(i) Pulse fails to deliver to you the tickets you have paid for;
(ii) If Pulse sends tickets you have paid for to an address other than that you gave when placing your order and cannot provide replacement tickets;
(iii) If Pulse sends you the wrong tickets

Refunds due to Problems with the Event

7.2. Otherwise you will only be entitled to a refund from Pulse if:
(i) the event is cancelled or moved to another date;
(ii) details of the event are significantly changed after you purchaser your tickets such as a change of venue or show time.
7.3. In these circumstances Pulse will refund the value of the ticket excluding any booking fee.
7.4. It is your responsibility to check whether the event is proceeding at the original date, time and venue and Pulse does not guarantee to inform you of any changes to events.

Process for applying for Refund

7.5. All refund requests must be sent to Pulse by email to wade@pulseradio.net no later than three days after the date of the event. Pulse reserves the right to refuse refund requests after that period.

8. Comments / Communications With Other Users

We currently offer the functionality to comment on content and other users on Pulse Radio. In the future we may offer other interactive features. Please note that all personal information you display or communicate using such functionality becomes public information and we are not responsible for any information you choose to make public. We may, but have no obligation to, monitor such traffic via electronic software or otherwise in order to check for obscenity, defamation or abusive language, which we reserve the right to remove at any time. In addition, if you choose to personally communicate or meet with any other Pulse Radio user by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of Pulse Radio, you do so at your own risk. Pulse Radio cannot be held responsible for any consequences that flow from your decision to communicate or interact with other Pulse Radio users in places or under circumstances that we do not control. We advise you to use extreme caution whenever you post information, submit or share a mixtape, socialise or interact with people whom you have met via the Internet.

From time to time, you will be able to send to a friend or to another service or a friend or contact may be able to send to you, information about our Website or services or a mixtape, by clicking on a "share this" or similar button on the Website or other third-party websites. We advise you to use caution whenever you share information and/or a mixtape.

9. How we use cookies

A cookie is a small file that may be placed on your computer's hard drive. Once the file is added the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We also use cookies to identify you as a valid user and to help personalise your Pulse Radio experience in conjunction with your profile. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You may refuse to accept cookies by activating the setting on your browser that allows you to refuse cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log onto our Website. Please note, our advertisers may also use cookies over which we have no control.

10. Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and such sites are not governed by this privacy policy. You should exercise caution and look at the privacy policy applicable to the website in question.

11. Data Protection

Pulse Radio complies with the Data Protection Act 1998 (the "Act"), including UK amending legislation and E.U. Directives. Pursuant to the Act, you have the right to be informed of, and to have access to, all of the personally identifiable information we hold about you, and you may do so by visiting your user profile when logged-in to your account on the Website, or by e-mailing us at: legal@pulseradio.net. A small admin fee may be payable. We may store information provided by you on our servers in the U.S., the U.K and/or elsewhere within the EEA.

12. Transfers of your Information

We may use third-party partners to help operate our Website, and we may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as but not limited to Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfilment companies, and other similar service providers that use such information on our behalf). Pulse Radio operates an 'open API' and web services program, which enables developers and other third parties to freely use statistics and data collected by Pulse Radio to create programs and other interesting services which help develop the Pulse Radio community.

Certain third party individuals or organisations may have access to your personal information (excluding your email contact information) via Pulse Radio's API and web services or as a result of agreements between Pulse Radio and its preferred partners. However, you should be aware that if you provide your e-mail contact information and/or username directly to any such third parties, they may use your information for their own purposes. Such partners may use such information for their own purposes, which may be either commercial or non-commercial in nature and which may include targeted advertising or direct marketing. These purposes will be outlined to users, enabling users to opt-in or opt-out at any stage with respect to their e-mail addresses being used by third parties for specific purposes. These third parties may be based in the United Kingdom or elsewhere (including outside of the European Economic Area ("EEA")).

Certain third-party advertisements on the Website may enable you to submit your username and/or other personal information within the advertisement in order to receive information or services provided by third parties. Third parties provide such advertisements, and thus, the collection and use of information submitted via the advertisements is by such third parties and is subject to their privacy policies. Pulse Radio cannot guarantee that all third parties will abide by restrictions as observed by Pulse Radio and as outlined in this Privacy Policy. Of course, you can report any suspected misuse of your personal information to us by emailing us at legal@pulseradio.net and we will endeavour to investigate your claim. Where we deem it appropriate, we will take appropriate action against such third party, which may include terminating their access to personal information.

13. Third-Party Ad Servers

We may use third-party advertising companies to target and serve ads when you visit our Website. These companies may use information (generally not including your name, address, e-mail address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. These companies may employ cookies and other tracking technologies to measure advertising effectiveness. Any information that these third parties collect via cookies is generally not personally identifiable unless, for example, you provide personal information to them through an ad or e-mail message. We encourage you to read these businesses' privacy policies if you should have any concerns about how they will care for your information. If you would like more information about this practice and to know your choices about not having this information used by these companies, see the Network Advertising Initiative's consumer Web site at http://www.networkadvertising.org/consumer.

14. Pulse Radio Policy for Young People

Children under the age of 13 are not eligible to use the Website and must not attempt to register with Pulse Radio and/or submit any personal information to us. We don't knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that this has occurred, please contact us at legal@pulseradio.net, and we will delete all relevant information.

We recommend that children between the ages of 13 and 17 should not send any information about themselves to anyone over the Internet (including to us) without asking their parents/legal guardians for permission beforehand.

15. Legally-Compelled Disclosures

We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are required to disclose personally identifiable information by a court, the police or other law enforcement bodies for their investigations, regulation or other governmental authority we will make such a disclosure without being in violation of this Policy.

16. Business Transitions

If Pulse Radio is acquired by another company or sells all or a portion of its assets to another company, or in the event of a merger, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, Pulse Radio will endeavour to notify all users of such changes beforehand.

17. Consent

By disclosing any information to Pulse Radio through the Website and by using the Website as a registered user, you are consenting to the collection, storage and use of your personal information by Pulse Radio as set out in this Policy and the Terms and Conditions, and you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories. If you do not consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, then you should not use the Website as a registered user, which means that many features will be unavailable to you. When you give your personally identifiable information to Pulse Radio, it may be used by Pulse Radio and its direct and indirect consolidated subsidiaries for the purposes of, for example but not limited to, providing you services and sending you correspondence, and additionally may be transferred to entities other than Pulse Radio's affiliates, which entities may be located in countries outside the EEA, including the United States. Each of these countries has different privacy laws that afford varying levels of protection for your personally identifiable information, and such laws may not be as comprehensive as those that exist in the EEA. By registering with Pulse Radio, you consent to Pulse Radio's and its direct and indirect consolidated subsidiaries' transmission to, and processing of your information in, any jurisdiction, in accordance with its Privacy Policy.

18. Changes to the Privacy Policy

If Pulse Radio makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the Policy, please contact us using the feedback page on the Website.


If you decide that you do not want your personal information to be used in the way described in this Policy, you can send us a notice that you wish to withdraw your consent as set out above by emailing legal@pulseradio.net. If you do not provide your consent, or if you withdraw your consent, you should not use the Website as a registered user, since many of the Website's features are based on users' consent and will therefore be unavailable to you.