Last updated: July 3rd, 2019
Table Of Contents:
Let it be known that the terms below in this section "00. Definitions" shall also be known and defined as the following.
Affiliate: "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
Billing Cycle: "Billing Cycle" shall be know the the bill that you will recieved in advance on a recurring basis ("Billing Cycle") for the use of the "Services". "Billing Cycles" are set either on a monthly, quarterly, bi-annual, or annual basis, depending on the type of agreement offered or arranged when purchasing a "Subscription." Our "Billing Cycles" will never change when adding additional locations to a "Subscription", (see Section 07. Subscriptions).
KrossKast, LLC: “KrossKast, LLC” shall also be known as (“KrossKast”, "KrossKast's", "company", "our", "us", or "we").
Location(s): "Location(s)" shall be known as each physcial address that you will be using the "Services" at.
Period(s): "Period(s)" shall be known as the minimum time-frame for each "Subscriptions". All Periods are a minimum of one, two or three years, (depending on the "Period" you choose).
Promotions: “Promotions” shall be known as any promotions, contests, sweepstakes or contents (collectively, “Promotions”) made available through the "Service".
Purchase(s): "Purchase(s)" shall be known as the purchase of any of our products or service made available through the "Service".
Service(s): "Service(s)" shall be know as, including but not limited to, streaming music and any and all content services delivered from our website, www.KrossKast.com and/or our KrossKast Apps, (mobile applications via the Apple or Android App Store) to your computer(s) and/or mobile device(s).
Sites: Collectively, all information collected through our website, (such as www.KrossKast.com), our mobile application, (“Apps”), and/or any related services, sales, marketing or events.
Subscription(s): "Subscription(s)" shall be known as, including but not limited to, the Standard package, Elite package, Elite Pro package, or Enterprise packages, that will automatically extend on an annual or multi-annual "Period" and can have multiple "Locations" under each.
Terms: "Terms" shall also be known as the "Terms and Conditions," which will refer to the full contractual agreement, "Contract" herein by and between "you,” and “KrossKast.”
You or Your: "You" or "Your" shall refer to such entity and it affiliates, and person or persons responsible signing up and creating their account directly or indirectly with KrossKast.
01. WELCOME TO KROSSKAST!
Thank you for choosing to be part of our community at KrossKast, LLC. We are committed to protecting your personal information and your right to privacy. If you have questions or concerns about our policy, or our practices with regards to your personal information, please contact legal councilor feel free to contact us at, TheKrossGroup.
02. INFORMATION WE COLLECT
Personal information you disclose to us: We collect personal information that you provide to us such as a name, address, contact information, passwords, security data, and payment information.
We collect personal information that you voluntarily provide to us when registering at the Sites or Apps, expressing an interest in obtaining information about us or our products, subscriptions and services, when participating in activities on the Sites or Apps or otherwise contacting us. The Personal information that we collect depends on the context of your interactions with us and the Sites or Apps, the choices you make and the products, subscriptions and features you use. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
The personal information we collect can include the following:
- Name and Contact Data: We collect your first and last name, email address, personal postal address, company postal address, personal phone number, company phone number, and other similar contact data.
- Passwords and Security: We collect passwords, password hints, and similar security information used for authentication and account access.
- Payment Data: We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor, www.Stripe.com, and you should review its privacy policies and contact the payment processor directly to respond to your questions.
Information automatically collected: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Sites or Apps.
We automatically collect certain information when you visit, use or navigate the Sites or Apps. The information does not reveal your specific identity (like your name or contact information) but may include the type of device that your are using, your devices unique ID and usage information, such as your IP address, browser type, browser version and device characteristics, operating system, language preference referring URLs, device name, country, location, what pages of our Sites or Apps that you visit, the time and date of your visit, the time spent on those pages, information about how and when you use our Sites or Apps and other technical and statistical information. In addition, we may use third party services such as Google Analytics, or Sentry that collect, monitor, and analyze this type of information in order to increase our Sites and Apps functionality. These third party services providers have their own privacy polices addressing how they use such information, and you should review the polices of such third parties and contact them directly to respond to your questions. This information is primarily needed to maintain the security and operation of our Sites or Apps, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.
Information collected through our Apps: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.
If you use our Apps, we may also collect the following information:
- Geo-Location information: We may request access or permission to and track location-based information from your mobile device, either continuously of while you are using our mobile application, to provide location-based services. If you wish to changes our access or permissions, you make do so in your device’s settings.
- Mobile Device Access: We may request access or permission to certain features from your mobile device, including your mobile device’s Bluetooth, sensors, sms messages, storage, reminders, and other features. If you wish to changes our access or permissions, you make do so in your device’s settings.
- Mobile Device Data: We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version of information and IP address.
- Push Notifications: We may request to send you push notification regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Information Collected from other sources
We may collect limited data from public databases, marketing partners, and other outside sources. We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links).
03. HOW WE USE YOUR INFORMATION
We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. We use personal information collected via our Sites or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process with your Consent. If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process.
- To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
- To send you administrative information to you. We may use your personal information to send you product, subscription, service and new feature information and/or information about changes to our terms, conditions, and policies.
- Fulfill and manage your order for Contractual reasons. We may use your information to fulfill and manage your orders, payments, and exchanges made through the Sites or App.
- To post testimonials with your Consent. We post testimonials on our Sites or Apps that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at TheKrossGroup and be sure to include your name, testimonial location and contact information.
- Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
- Request Feedback. We may use your information to request feedback and to contact you about your use of our Sites or Apps.
- To protect our Sites. We may use your information as part of our efforts to keep our Sites or Apps safe and secure (for example, for fraud monitoring and prevention).
- To enable user-to-user communications with your Consent. We may use your information in order to enable user-to-user communications with each user’s consent.
- To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- For other Business Purposes. We maybe use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites or Apps, products, subscriptions, services, marketing and your experience.
04. SHARING YOUR INFORMATION
We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.
We only share and disclose your information in the following situations:
- Compliance with Law: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests and Legal Rights: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person or illegal activities, or as evidence in litigation in which we are involved.
- Vendors, Consultants and Other Third-Party Services Providers: We may share you data with third party vendors, service providers contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow select third parties to use tracking technology on the Sites or Apps, which will enable them to collect data about how you interact with the Sites or Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.
- Business share, sell, rent or trade: We will not sell your personal information, but we may share, sell, rent or trade your information in connection to your use of the content within KrossKast, to third parties for their promotional purposes, (for example, the popularity of songs or channels that you are mostly listening to, and/or songs that you are blocking from playing within your account, all for statistical chart ranking).
- Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Business Partners: We may share your information with our business partners to offer your certain products, services or promotions.
- Third-Party Advertisers: We may use third-party advertising companies to serve ads when you visit the Sites or Apps. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
- With your Consent: We may disclose your personal information for any other purpose with your consent.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Sites or Apps and we recommend that you leave them turned on.
06. DO NOT TRACK DISCLOSURE
07. SERVICE PROVIDERS
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used. These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
08. OUR STANCE ON THIRD-PARTY WEBSITES
We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.
09. HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is no possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
10. COLLECTION OF INFORMATION FROM MINORS
We do not knowingly collect or solicit data from or market to children under 18 years of age. Only persons age 18 or older have permission to access our Sites or Apps. By using the Sites or Apps, you represent that you are at least 18 or you are the parent or guardian of such a minor and consent to such minors dependent’s use of the Sites or Apps. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data for our records. Additionally, our Services provided through our Sites or Apps does not address anyone under the age of of 13 (“Children”). We do not knowingly collect personally identifiable information for Children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Children under age 13, we will take steps to remove that information from our servers. If you become aware of any data we have collected from children under age 18, please contact us at TheKrossGroup.
11. YOUR PRIVACY RIGHTS
You may review, change, or terminate your account at any time. If you are still within your “Subscription” “Period” and choose to terminate your account, we will continue to bill you for any additional fees until the expiration of your “Subscription”. See our Terms And Conditions section “16. Termination” for more information.
If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
If you would at any time like to review or change the information in your account or terminate your account, you can. Some of our “Products”, like our “Subscriptions” are only offered in annual or multi annual periods. If you are still within your “Subscription” “Period” and choose to terminate your account, we will continue to bill you for any additional fees until the expiration of your “Subscription”.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions and/or comply with legal requirements.
- To terminate your account: Log into your account’s support page, and contact us.
- To terminate your account: Contact us using this contact us link TheKrossGroup.
- Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies to reject cookies, this could affect certain features or services of our Sites or Apps. To opt-out of interest-base advertising by advertisers on our Sites or Apps visit http://www.aboutads.info/choices.
- Opting our of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary to for the administration and use of your account.
We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you. Although we will provide our “commercially best efforts” to protect your personal information, transmission of personal information to and from our Sites or Apps is at your own risk. You should only access the services within a secure environment.
Additionally, KrossKast will never request ANY personal information through unsolicited e-mails, phone calls, or other communications. If this happens, please let us know immediately and end the unsolicited communication without responding.
13. INTERNATIONAL TRANSFER
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
Yes, we will update this policy as necessary to stay compliant with relevant laws.
15. GOVERNING LAW
KrossKast is designed for use for businesses with in the United States of America & Canada, and is governed within the United State Laws. While KrossKast follows most of the laws and regulations of the European Union and other countries, we cannot guarantee the “our” website will conform to all the laws and legalities outside of the United States. KrossKast is a U.S. company operating in New York State and shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of this Policy will not be considered a waiver of those rights. If any provision of this Policy is held to be invalid or unenforceable by a court, the remaining provisions of this Policy will remain in effect. This Policy constitutes the entire agreement between us regarding our Service, and supersedes and replaces any prior agreements we might have had between us regarding the Service.
16. CONTACT US