Rafiki Apps Privacy Policy

Welcome to Rafiki Apps. This Privacy Policy is incorporated by reference into the Rafiki Apps Terms of Service (the “Terms”). The terms “Rafiki Apps”, “we”, “us” and/or “our” refer to Rafiki Apps. We respect your privacy. Our Privacy Policy applies to the information that is processed by Rafiki Apps in the course of providing the Radio Service and othe causal mobile apps (“Service”), which consists of our applications made available for mobile devices ("Rafiki Apps"), including the FM France, FM Brasil, FM Deutschland and Habit Tracker applications for the iOS platform, available on the Apple App Store, and the Android platform, available on Google Play, and any and all future offerings operated by or on behalf Rafiki Apps. This Privacy Policy explains our information practices, what information we collect through the Service and others, how we use and share that information, and how you can opt out of a use or correct or change such information. This Privacy Policy is intended to meet global requirements globally, including those in North America, Europe, APAC and other jurisdictions. The Service contains links to other websites. This Privacy Policy does not apply to the practices of any other companies or individuals that Rafiki Apps does not control. You should use caution and we encourage you to review the privacy policies of any websites that you visit from ours to learn more about their information practices. Visiting these other websites or applications is at your own risk. Please take a few moments to read this Privacy Policy. By using the Service, you agree to accept the terms and conditions of this Privacy Policy and are aware that our policies may change in the future as indicated below.

1. Information Collected and Received from You and How We Use It

The types of information relating to an identified or identifiable natural person (the “Personally Identifiable Information”) we may collect (directly from you or from third-party sources) and our privacy practices depend on the nature of the relationship you have with Rafiki Apps and the requirements of applicable law. Some of the ways Rafiki Apps may collect Personally Identifiable Information include:

• You may provide Personally Identifiable Information directly to Rafiki Apps through interacting with the Service and requesting the Service or information.
• As you navigate the Service, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

We endeavor to collect only that information which is relevant for the purposes of processing. Below are the ways we collect Personally Identifiable Information and how we use it.

A. Information Collected by Rafiki Apps

• Information You Provide Directly to Us. In various places on the Service, we collect Personally Identifiable Information directly from you, such as your name, and e-mail address and other information that can be used to contact you or identify you.
• Automatic Data Collection. We also collect certain information automatically through the Service such as your IP address, mobile carrier, mobile advertising identifiers, Advertiser ID, the type of browser and device you use and other device identifiers that are automatically assigned to your device when you access the Internet, geo-location information, hardware type, operating system, Internet service provider, the sections of the Service that you have visited, information about the advertisements and other links that you have clicked on and other actions taken through use of the Service such as preferences .
• Information from Other Sources. In addition to the above, we may receive information about you from other sources, including through third-party services and organizations to supplement information provided by you. For example, if you access the Service through a third-party application, such asthe Apple App Store, Google Play App Store and/or Amazon App Store (together with any similar applications, “App Stores”) an App Store or Social Network Service (“SNS”), we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your SNS user name, location, sex, birth date, email, profile picture, and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to Rafiki Apps and to enhance our ability to provide you with information about our business, products, and services.

B. How Rafiki Apps Uses Your Information

We acquire, hold, use and process Personally Identifiable Information about individuals for a variety of business purposes, including:

• To Provide our Products, Services, or Information Requested. Rafiki Apps may use information about you to fulfill requests for the Service or for information, including information about our potential or future products and services, including to:

• Generally manage individual information and accounts;
• Provide you with notices about your account;
• Respond to questions, comments, and other requests;
• Provide access to certain areas, functionalities, and features of the Service;
• Contact you to answer requests for customer support or technical support.

• Administrative Purposes. Rafiki Apps may use Personally Identifiable Information about you for its administrative purposes, including to:

• Measure interest in the Service;
• Develop new products and the Service;
• Ensure internal quality control;
• Communicate about individual accounts and activities on the Service and systems, and, in Rafiki Apps's discretion, changes to any Rafiki Apps policy;
• Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
• Process applications and transactions;
• Prevent potentially prohibited or illegal activities;
• Enforce our Terms of Service.

• Marketing the Service. Rafiki Apps may use Personally Identifiable Information to provide you with materials about offers, products, and the Service that may be of interest, including new content or the Service via the email address you provide. Such uses include:

• To tailor and customize content, advertisements, and offers;
• To notify you about offers, products, and services that may be of interest to you;
• To provide the Service to you;
• For other purposes disclosed at the time that you provide Personally Identifiable Information; or
• Otherwise with your consent.

You may contact us at any time to opt out of the use of your Personally Identifiable Information for marketing purposes, as further described in Section 3 (Opt-Out (Right to Object to Processing)) below.

• Research and Development. Rafiki Apps may use Personally Identifiable Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and the Service or develop new products and the Service. From time to time, Rafiki Apps may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve you by learning more about your needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of the Service, various types of communications, advertising campaigns, and/or promotional activities. If an individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous individual and aggregate data for research and analysis purposes.
• Third Party Marketing. Individuals who provide us with Personally Identifiable Information, or whose Personally Identifiable Information we obtain from third parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on Rafiki Apps's or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to you by following the instructions in Section 3 (Opt-Out (Right to Object to Processing)) below.
• Services via Mobile Devices (FM France). Rafiki Apps provides an app for the Service, FM France, which is specifically designed to be compatible and used on mobile devices. Rafiki Apps will collect certain information that your mobile device sends when you use FM France, like a device identifier, user settings, location information, mobile carrier, and the operating system of your device. Information about use of FM France may be associated with your account. Rafiki Apps may use personal or non-identifiable information transmitted to Rafiki Apps to enhance FM France, for quality improvement and as otherwise described in this Privacy Policy or in other notices Rafiki Apps provides.
• Anonymous and Aggregated Information Use. Rafiki Apps may use Personally Identifiable Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Service, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Service. Anonymized or aggregated information is not Personally Identifiable Information, and Rafiki Apps may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Rafiki Apps and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
• Other Uses. Rafiki Apps may use Personally Identifiable Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personally Identifiable Information or with your consent.

C. Cookies, Pixel Tags/Web Beacons, Analytics Information and Internet-Based Advertising

We, as well as third parties that provide content, advertising, or other functionality on the Service, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Service. We use Technologies that are essentially small data files placed on your tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with the Service, applications, and tools, and to recognize you across devices.

• Analytics. We may use Google Analytics to collect information regarding visitor behavior and visitor demographics on some of the Service. This analytics data is not tied to any Personally Identifiable Information. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Service by going to http://tools.google.com/dlpage/gaoptout.

E. Third-Party Payment Processing

When you make purchases through the Service, we process your payments through a third-party application, including the App Stores. The third-party application may collect certain financial information from you to process a payment on behalf of Rafiki Apps, including your name, email address, address and other billing information.

2. Onward Transfer – Rafiki Apps May Disclose Your Information

A. Information that We Share With Third Parties

We may share your information as described in this Privacy Policy (e.g., with our third-party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

• We Use Vendors and Services Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personally Identifiable Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Service and/or its content or related services that you have requested. For example, we may in the future license music from third parties and may want to share music-specific traffic and usage information with them (but not your email address or identity).
• Business Partners. Rafiki Apps may share Personally Identifiable Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Rafiki Apps may also provide Personally Identifiable Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Rafiki Apps. We require our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personally Identifiable Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Rafiki Apps provided them.
• Marketing – Interest-Based Advertising and Third Party Marketing. Through our Service, Rafiki Apps may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such information we have collected with third-party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Rafiki Apps related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personally Identifiable Information with third-party advertising partners, you may opt out of such sharing at no cost by following the instructions in Section 3 (Opt-Out (Right to Object to Processing)) below.
• Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personally Identifiable Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Rafiki Apps policies or contracts; (v) to collect amounts owed to Rafiki Apps; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Service. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
• Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, Rafiki Apps will endeavor to direct the transferee to use Personally Identifiable Information in a manner that is consistent with the Privacy Policy in effect at the time such Personally Identifiable Information was collected.

B. International Data Transfers

You agree that all your Personally Identifiable Information collected via or by Rafiki Apps may be transferred to, processed, and stored anywhere in the world, including but not limited to, in the United States, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personally Identifiable Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Rafiki Apps you explicitly consent to the storage of your Personally Identifiable Information in these locations.

3. Opt-Out (Right to Object to Processing)

A. General

We offer you choices regarding the collection, use and sharing of your Personally Identifiable Information and we will respect the choices you make. You have the right to object to and opt out of certain uses and disclosure of your Personally Identifiable Information. Where you have consented to Rafiki Apps's processing of your Personally Identifiable Information, you may withdraw that consent at any time and opt out of further processing by contacting us at contacto@rafikiapps.com. Please note that if you decide not to provide us with the Personally Identifiable Information that we request, you may not be able to access all of the features of the Service. Even if you opt out, we may still collect and use non-Personally Identifiable Information regarding your activities on our Apps and/or information from the advertisements on third-party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

B. Email Communications

We may periodically send you e-mails that directly promote the Service. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Service and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service (located here) or this Privacy Policy.

D. Mobile devices

Rafiki Apps may occasionally send you push notifications through our mobile applications with notices that may be of interest to you. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device. Rafiki Apps may also collect location-based information if you use our mobile applications. You may opt out of this collection by changing the settings on your mobile device.

4.Rights of Access, Rectification, Erasure, and Restriction

You may inquire as to whether Rafiki Apps is processing Personally Identifiable Information about you, request access to Personally Identifiable Information, and ask that we correct, amend or delete your Personally Identifiable Information where it is inaccurate. Where otherwise permitted by applicable law, you may send an e-mail to contacto@rafikiapps.com or use any of the methods set out in this Privacy Policy to request access to, receive (port), seek rectification, or request erasure of Personally Identifiable Information held about you by Rafiki Apps. Please include your full name, email address associated with your account, and a detailed description of your data request. Such requests will be processed in line with local laws. Although Rafiki Apps makes good faith efforts to provide individuals with access to their Personally Identifiable Information, there may be circumstances in which Rafiki Apps is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question or where it is commercially proprietary. If Rafiki Apps determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Rafiki Apps will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personally Identifiable Information.

6. Data Retention

We retain the Personally Identifiable Information we receive as described in this Privacy Policy for as long as you use the Service or as necessary to fulfill the purpose(s) for which it was collected, provide the Service, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

7. The Security of Your Information

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your Personally Identifiable Information) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. We do not accept liability for unintentional disclosure. By using the Rafiki Apps Service or providing Personally Identifiable Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an e-mail to you. You may have a legal right to receive this notice in writing.

8. International Users

By using the Service, Rafiki Apps will transfer data to the United States. By choosing to visit the Apps, utilize the Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the state of California and the adjudication of any disputes arising in connection with Rafiki Apps or the Service will be in accordance with the Terms.If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the processing of your data globally. By providing your Personally Identifiable Information, you consent to any transfer and processing in accordance with this Privacy Policy.

9.Our Policy Toward Children

The Service is not directed to children under 13 (and in certain jurisdictions under the age of 16) and we do not knowingly collect Personally Identifiable Information from children under 13 (and in certain jurisdictions under the age of 16). If we learn that we have collected Personally Identifiable Information of a child under 13 (and in certain jurisdictions under the age of 16), we will take steps to delete such information from our files as soon as possible.

10. Revisions to this Privacy Policy

We may update this Privacy Policy from time to time as our services change and expand. If we update this Privacy Policy, we will notify you about significant changes by sending a notice to the email address specified in your account or by posting the updated Privacy Policy on the rafikiapps.com website, and we will update the date above to indicate when those changes will become effective. Unless otherwise provided, the revised terms will take effect on the date they are posted. Once such changes become effective, your continued use of the Service will signify your acceptance of the new Privacy Policy. If you do not agree to the terms of this Privacy Policy, or any revised Privacy Policy, you must immediately stop using the Service.

11. Miscellaneous Provisions

Finally, the English language version of this Privacy Policy is the version that governs your use of the Service and in the event of any conflict between the English language version and a translated version, the English language version will control. If you have questions about this Privacy Policy or our privacy practices, or how to lodge a complaint with the appropriate authority, please contact us at contacto@rafikiapps.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.