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privacy/terms

KEXP 90.3FM


Privacy Policy

(Click here for SITE TERMS)

Last Updated: October, 2014

Privacy Policy
Last updated on September 30, 2014. Please also see our Terms of Service.

Digital Platforms
This Privacy Policy, along with our Terms of Service, applies to all users of KEXP’s digital platforms, including, e.g., this website, embeddable content that we may make available for use on other people’s websites or digital platforms, and our apps, other than third party content, discussed in Other Sites and Services, below.
We take your privacy seriously and want you to understand how we do and don’t use information about you.

How We Collect Information

Information We Collect Automatically From Users
When you use our digital platforms, we may automatically recognize information like your IP address, operating system, what type of device you’re using, geotargeting information (what geographic area you’re in), and your user behavior (e.g., how long you stay on the website).
KEXP uses cookies, other similar small files sent to your computer which store information through your browser and web beacons (tiny graphics, aka “pixel tags”) as part of our digital functionality (e.g. to store your preferences or password and understand your user behavior), and to offer responsive elements based on users’ actions.
In addition, KEXP uses third-party vendors that provide services for our digital platforms (e.g. analytics) which may each use their own cookies and web beacons as part of our digital platforms.

Information Users Give Us Voluntarily
You may voluntarily give us information like:

  • Your login information
  • Your email address (e.g., when you sign up for a newsletter)
  • Your responses to surveys or contests (each contest will also have its own rules that apply)
  • Your content submissions (e.g., in response to a call for photos)
  • Your comments on articles
  • Your phone number (e.g. if you text us)
  • Pledge/donation information
  • Purchase information for any ticketed events or merchandise we may sell

How We Use Information

Personally Identifiable Information
We do not store users’ passwords. When we ask for personally identifiable information (like your name, address, email address, phone number or credit card information), we only use the information you give us within the KEXP family of services, except as noted below under “List Sharing,” and as described below when you submit as part of a public feature. This means, e.g., we may email you to invite you to join a new newsletter list, invite you to events, or ask you to renew your credit card when it expires, and we may share your information with third party vendors, but only for the purpose of helping us do these sorts of things (and not for their own use).
If you do not wish to be contacted based on this information, please indicate your preference by opting out on the donation form or through the opt-out information provided in the email you receive, or contact Donor Services. We will do our best to make your change in a timely manner. You should also contact Donor Services if you would like to review or correct your information.
We may also aggregate your personally identifiable information (such as your address) with others to produce non-personally identifiable information that we may use to analyze and improve what we do.

Payment Information
When you provide us payment information in order to process a donation or otherwise engage in a financial transaction, this information is encrypted, using reasonable, industry-standard security measures, and is used (generally by our third party vendors) only to fulfill your gift. Your payment information is only retained for the life of the active payment plan and is removed and destroyed thereafter.

Non Personally Identifiable Information
We use other information (other than personal information and payment information) for things like improving your user experience (e.g., your user history on our digital platforms may be used to provide recommendations to you and other users with similar histories), selecting third-party vendors who best meet our needs, notifying our users about our programs and events, and helping foundation and corporate funders better understand our audience. In doing this, we do share non-personally identifying information or payment information with third parties.
Please note that if you share personal information through a public feature that it may become public (e.g. if you include your email address in a comment, other users will see it, or if you include your name in a content submission, it may be read on the air or posted online to attribute the content).
Lastly, if we are required by law to share your information (including personal and payment information), we will share to the extent necessary to comply with the request.

List Sharing Policy
We may share personally identifiable information with our affiliate, the University of Washington, which acts on our behalf and at our request in fulfilling our fundraising goals. We will not share lists of such information with parties that are not similarly assisting us in our fundraising activities, on our behalf and at our request.
It is KEXP policy not to transfer or exchange personally identifiable information with any non-affiliated organization. If any situation comes up in which we would like to share email addresses or phone numbers with someone else (e.g. if we collect your email while ticketing an event, and want to share with our co-presenter), we will ask for your permission.
It is also our policy not to transfer or exchange the personally identifiable information of donors with any candidate for federal, state or local office, political committee, or political party for any purpose whatsoever, except as otherwise required by law or judicial process.
KEXP maintains active control of its donor lists, and takes all appropriate measures to ensure against unauthorized use of such lists, including requiring any third-party, including but not limited to list brokers, mail-list management companies, friends organizations, fundraising organizations, and advertising or public relations agencies, to abide by our compliance requirements, except as otherwise required by law or judicial process.

Other Sites and Services
Our digital platforms contain links to services maintained by third parties that do not necessarily follow the same privacy practices as KEXP. In some cases, we may also include certain embedded tools provided and controlled by third parties, or that permit you to submit information to third parties. These services and tools are governed by the terms and policies of those third parties. Our digital platforms also include widgets from third party services, e.g. a button that allows you to “like” an article on Facebook. All of these third party services have their own terms and policies. Please review these services’ own privacy policies for more information.

Contests
From time to time, we may offer contests that users may enter through our digital platforms. Please note that these contests may each have their own official rules, which give KEXP additional rights to use entries, and which govern your participation in the contest.

Changes to Privacy Policy
KEXP will notify users who have registered login information and an email address of changes to this Privacy Policy, and any changes will only take effect prospectively from the date of the change. If you have additional questions about how your personal information may be used or if you have questions or comments about our Privacy Policy, please contact us.

Contacting Us
If you have any questions, comments or concerns about this Policy, please contact web@KEXP.org. Or you can send mail to: KEXP, 113 Dexter Avenue North, Seattle, WA 98109


Site Terms

This Site, www.kexp.org, is operated by KEXP 90.3FM ("KEXP"). These Site Terms apply exclusively to your access to, and use of, our Site so please read them carefully. The do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services.

We reserve the right to change or modify any of the terms and conditions contained in our Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

Privacy Policy

To learn about our practices for collecting, using, disclosing, and protecting information, please refer to our Privacy Policy posted on this Site in the About section under Privacy/Site Terms.

Copyright Notice and License

All copyrighted and copyrightable materials on this Site, including, without limitation, the KEXP logo, design, text, graphics, pictures, playlists, webcasts and sound files, and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2001-2002 KEXP 90.3FM and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of us or the respective copyright owner.

You are granted a limited, non-sublicensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only. Such grant does NOT include the right to:

    (a) copy, publish, display, publicly perform, or distribute any Materials, including reproduction on any computer network or broadcast or publications media;

    (b) resell or make commercial use of the Site or its Materials;

    (c) systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods; or

    (d) make derivative uses of the Site and its Materials;

    (e) use, frame or utilize framing techniques to enclose any KEXP trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page);

    (f) use any meta tags or any other "hidden text" utilizing a KEXP name, trademark, or product name

Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of KEXP or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

Webcasts

KEXP is the copyright owner of or an authorized licensee for all Webcasts (including all compositions and sound recordings contained therein), whether simulcast or archived, broadcast on this Site. Our broadcast of Webcasts is authorized under licenses by ASCAP, BMI, SESAC, SoundExchange/RIAA and/or the compulsory license provisions of the Digital Millennium Copyright Act. You may play the Webcasts from the Site for your personal, non-commercial use only. The Webcasts, or any song contained within a Webcast, may not be copied, reproduced, distributed, republished, downloaded, displayed, publicly performed, posted or transmitted in any form or by any means, including without limitation the transferring or downloading of a Webcast or any portion thereof to a computer hard drive or other storage medium.

Trademarks Notice

KEXP, our logo, and the products and services described in this Site, are either trademarks, service marks or registered trademarks of KEXP or its licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of KEXP, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and KEXP names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Linking

You may not use our logo or other proprietary graphic or trademark to link to this Site without our express written permission. This limited right may be revoked at any time. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Disclaimers

THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL KEXP BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, USA without resort to its conflict of law provisions. A dispute related to your use of the site shall be brought exclusively in the state of federal courts located in King County Washington.

Member Refund Policy

Refunds of membership donations will be given upon request. Refunds will be made in the same form of payment as the contribution, within 2 weeks of member request.

General Terms

Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.


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