Effective as of January 15, 2023 (Publication Date September 16, 2023)

Thank you for visiting Fidio. Your privacy is important to us. This privacy policy ('Privacy Policy') describes how we, our affiliated and associated entities, as further detailed below (collectively 'Fidio', 'we', 'us', and 'our'), collects, uses, discloses, transfers, stores, retains, or otherwise processes your personal data, and the choices you can make about the way your information is collected and used by Fidio. Please review our Privacy Policy as it may change in the future and contact us at admin@fidio.ca or the correspondence address below if you have any questions or concerns or wish to exercise your privacy rights.

It’s your right to:

• Be informed about how we process your personal data.

  We provide this information through our Privacy Policy, our Services, and by answering your questions when you contact us.

• Access your personal data.

  You can ask whether we process your personal data, and if we do, you can ask for a copy of your personal data and for information on certain other aspects of the processing, including: the purposes of the processing; categories of the personal data processed; recipients or categories of recipients of the data; source of the data where we have not received your data directly from you; information about the existence of automated decision-making or profiling; and information about other privacy rights you have in relation to your personal data.

• Rectify inaccurate or incomplete personal data.

  You may correct some categories of your personal data yourself in your account settings or contact privacy@fidio.ca.

• Deletion (erasure) of your personal data.

  You have the right to ask us to delete your personal data under certain circumstances, including:

  • Your personal data are no longer necessary in relation to the purposes for which we have collected them;
  • You withdraw your consent to processing of your personal data and there is no other legal ground for the processing;
  • You object to the processing and there are no overriding legitimate grounds for the processing or when you object to the processing of your data for direct marketing purposes;
  • Your personal data were unlawfully processed by us;
  • The erasure is mandated under a law to which we are subject;
  • We have collected the personal data of a child.

  Please know that you may also delete certain personal data by yourself in your Fidio account. You may also delete your folders, playlists, playlist descriptions, remove tracks from your playlists or remove added artists and other content from your library. Under some circumstances, we are legally not required to comply with a deletion request.

  In order to delete the personal data associated with your account, please contact privacy@fidio.ca or visit Settings within the FIDIO app followed by Account. Click ‘Delete Account’. Please note, you must first cancel your existing subscription before being allowed to delete all of the personal information associated with your account. Please contact our support team at privacy@fidio.ca with any questions or concerns about this process.

• Restriction of processing of your personal data.

  Under certain circumstances, you may request that we stop processing some or all of your personal data temporarily. You may request the restriction of processing if:

  • You have contested the accuracy of your personal data for the period of verification of the accuracy of your personal data;
  • When we unlawfully processed your personal data and instead of erasure of such data you request restriction of their use;
  • When we no longer need your personal data in relation to the purposes for which they were collected but you require such data for the establishment, exercise or defense of legal claims;
  • When you have objected to the processing, pending the verification on our end whether our legitimate grounds override your interests.

• Data Portability.

  You have the right to receive a copy of your personal data in a machine-readable (electronic) format and to have it sent to another service provider, if our legal basis for processing your personal data is your consent or performance of contract.

• Object.

  You have the right to object to the processing of your personal data on certain grounds:

  • When we process your personal data for our or third party’s legitimate interests. When we receive your request on this ground, we will no longer process your personal data for such purposes, unless we demonstrate that we have compelling legitimate grounds to continue processing your personal data for these purposes, which override your interests, rights, and freedoms or where we need to process such data for the establishment, exercise, or defense of legal claims.
  • When we process your data for direct marketing purposes. You can also object at any time that we process your personal data for direct marketing purposes. If you object, we will no longer process your data for such purposes. You may change your preferences and opt out from receiving some or all of these types of direct marketing communications in your FIDIO account settings, or you may contact us through the contact points provided in this Privacy Policy (privacy@fidio.ca or our correspondence address below). You may also unsubscribe from our marketing emails by clicking on the unsubscribe link provided in such emails.

• Not be subject to automated decision-making.

  You have the right not to be subject to a decision based solely on automated processing (i.e., decisions made by machines without human involvement), including profiling, which would produce legal effects or similarly affect you significantly. Our processing of your data does not involve this type of automated decision-making.

• Withdraw consent.

  Where we rely on your consent to process your personal data for a particular purpose, you may withdraw your consent at any time. If you withdraw your consent, we will stop processing your personal data for the specific purpose or purposes requested. This does not affect the lawfulness of processing of your data before you have revoked the consent.

• Register a complaint.

  If you reside in applicable jurisdictions, you are entitled, per local data protection law, to contact your local authorities regarding any question, concern, or complaint you have relating to our processing of your personal data.

• Non-discrimination.

  You have the right to not be discriminated against if you exercise any of your privacy rights. We will not discriminate against you or deny, charge different prices for, or provide a different quality of our Services if you choose to exercise these rights, although some functionality and features on the Services may change or no longer be available to you.

You can request to exercise any of your privacy rights with an email to privacy@fidio.ca with our customer service support contact form, or by writing to the correspondence address below. Please note that when you make a request to exercise your rights, we may require that you provide information and follow procedures so that we can verify your identity. Where possible, we will attempt to match the information that you provide in your request to information we already have to verify your identity. If we are able to verify your request, we will process it. We will assess any request to exercise these rights on a case-by-case basis. We will respond to your request within the periods required by applicable data protection law. However, we may not always be able to comply fully with your request, and we will notify you in that event.

For the purposes of this Privacy Policy, Fidio Technologies Inc. d/b/a ‘Fidio’ is the ‘controller’ of your personal data. Fidio Technologies Inc. is registered as a Corporation in Canada, with headquarters located at 95 Kenesky Drive, Toronto ON L8B 1Y3 Canada.

The correspondence address for FIDIO is 95 Kenesky Drive, Toronto ON L8B 1Y3 Canada. As the controller Fidio decides why and how your personal data are handled by FIDIO when you use our services ('Services').

FIDIO is responsible for handling your data according to applicable data protection rules.

Our policy is to process your personal data in accordance with applicable data protection laws and regulations. This Privacy Policy is separate from FIDIO’s Terms of Use ('Terms'), which govern your use and access to FIDIO Services.

This Privacy Policy applies when: you register a FIDIO account; you log in and use FIDIO’s content and streaming services; you download and/or use FIDIO clients (e.g., FIDIO mobile applications, desktop player, web player, or other technical interfaces provided by FIDIO); your personalization of your user experience; you visit or interact with our websites and fan pages on social networks; our websites, services, communications, or documents refer to this Privacy Policy; you interact with us in any other way, such as when you contact our customer support service, respond to our surveys, participate in our competitions and giveaways, use our developer platform, and other communications. This Privacy Policy collectively refers to the above as processing of your data in the context of provision of our Services.

The Personal and Other Information We Collect

At FIDIO and FIDIO websites, you can order products, express an opinion, create playlists, and subscribe to services such as online newsletters and paid streaming. The types of personally identifiable information that may be collected at these pages include your: name, FIDIO account, user and profile data (including privacy and marketing settings), address, location, e-mail address, telephone number, fax number, contact preferences, credit card and other payment information, Internet protocol address, date of birth, gender, Facebook, Twitter, Google or Apple user identifiers, and details of how you use and interact with our websites and Services (e.g., your search queries, login data, playlists, device information, network connection type, a record of customer service emails, consumption data, listening behavior, surveys, sweepstakes and competitions entered, etc.).

FIDIO may process information about you related to: identification data and contact data; account data; subscription data; payment and billing data; usage data; login data; device data; network data, marketing data; personal data processed in the context of customer support; personal data processed in the context of surveys, interviews and user-testing; personal data processed in the context of competitions and sweepstakes; personal data processed about you in the context of your interaction with our fan pages on social media networks.

At certain parts of some of our Services and websites, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the Service or and/website's activities and offerings. We may draw inferences from any of the information we gather via our websites and Services, including about your preferences. We do not deliberately collect sensitive personal data and would not use any such information except for the purposes for which it is collected and as authorized by law.

We may also receive information about you from third parties that may have collected and transferred your personal data to us in accordance with their own privacy policies and/or terms of use. When we receive such information from third parties, we may combine it with the other personal data that we have collected about you as set out in this Privacy Policy and use such information either alone or in combination with the other personal data we hold.

We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Safari, Internet Explorer), the type of operating system you are using and information about your Internet service provider (e.g., Comcast, AT&T) or device (e.g., iPhone X, MacBook Pro) and other user-related general data (e.g., zip code, area code).

How We Use the Information We Collect

We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, and to offer you other products, programs or services that we believe may be of interest to you. We sometimes use this information to communicate with you, such as to notify you when a concert you have purchased is available for download, to fulfill a request by you for an online newsletter, or to contact you about your account with us. If you enter into a giveaway, contest or other promotion, we may use the information you provide to administer those programs.

The information we collect in connection with our website is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you new products, programs, or services. As is the case with most Internet services, we obtain some information automatically and store it in log files. We use this and other information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our products and services, and to gather generalized demographic information about our users. We may use this information to market and advertise our products and services.

When we process your personal data, we do so because we have specific and defined reasons as well as a legal justification to do so.

• Consent: When you have given us your free, informed, unambiguous consent to process your personal data for a specific purpose. You are free to withdraw your consent at any time;
• Performance of Contract: When you request our products and/or Services and we need to process your personal data to deliver these Services according to our Terms;
• Legal Obligation: When we are subject to different legal or regulatory obligations in jurisdictions where we operate, which require that we process certain personal data for specific purposes;
• Legitimate Interests: When we or a third party have legitimate interests to process your personal data for various purposes that benefit FIDIO or third parties, such as other FIDIO users. Prior to relying on this legal basis, we balance the benefits of processing for FIDIO or third parties against your interests, rights and freedoms to determine if we can rely on this legal basis.

We may collect, share, use or otherwise process personal data about you for various purposes, including providing our Services and products, payment and billing, personalization, improvement of our websites, Services and products, analytics, troubleshooting, testing, calculating royalty payments, marketing, compliance with legal obligations, enforcement of Terms and policies, addressing misuse and unlawful activity, establishment and defense of legal claims, fulfilling contractual obligations, conducting surveys and user-testing, enabling your participation in our FIDIO subscription service and special offers, providing customer support, and communication on social networks.

You are not required to provide any personally identifiable information that we have requested, but if you choose not to do so, in many cases we will not be able to provide you with our products or services or respond to any questions you may have.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may share non-personally identifiable information publicly and with our partners and use this information in the aggregate to analyze site usage, as well as to offer you products, programs, or services.

We share your data with third parties if you give us permission, if it is necessary for the performance of the contract we have with you, or if we have a legitimate interest for such sharing. We may receive and share information with our business partners, including third parties such as an artist, promoter, venue, sponsor, and/or strategic marketing and advertising partners.

Our business partners use the information we give them as described in their privacy policies, which may include sending you marketing communications.

You should read those policies to learn how they treat your information. We may share information with our affiliates and group companies; our processors and service providers; third-party applications, services and platforms (including audio devices, smart TVs, cars, voice assistants, etc.); payment service providers; advertising and analytics service providers; auditors and other third party accounting services; and any purchaser or successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.

We may disclose personally identifiable information in response to legal process (e.g. in response to a court order or a subpoena), public authorities or to enforce applicable Terms, including investigation of potential violations. We also may disclose such information to detect, prevent or otherwise address fraud, intellectual property violations, security or technical issues, to protect our operations or users, or to respond to a law enforcement agency's request. Additionally, in the event of a reorganization, merger or sale we may transfer any and all information we collect to the relevant third party.

We may de-identify your data and combine and aggregate your de-identified information with other information in a way that it no longer enables your identification and share that de-identified, aggregated information with other third parties not mentioned above – for example, with artists or content rights holders whose content we license. Such de-identified and aggregated statistics may include demographic data, such as how many users constitute a particular age group, general locations of where groups of users reside and similar data.

Agents and contractors of FIDIO who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for FIDIO.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

Finally, FIDIO websites will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses. For example, if you don’t want to be on our mailing list, you can opt out by updating your settings or contacting us at privacy@fidio.ca

Cookies

To enhance your experience with our website, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our site. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand site usage and to improve the content and offerings on our site. For example, we may use cookies to personalize your experience at Fidio.ca (e.g. to recognize you by name when you return to our site), save your password in password-protected areas, and enable you to use shopping carts on our website.

You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, many of our services may not function properly if your cookies are disabled.

Social Media Networks

We use various usage and insight tools offered by the operators of social media networks, through which we can view general, anonymized statistics about our fan pages, such as interactions and reach of our posts and demographic information about our fan page visitors (e.g. age, gender, region). We can optimize the content we offer on our fan pages on that basis. Whenever you interact with our fan pages, operators of the social networks use cookies and similar technologies to track the usage behavior of fan page visits. This information is collected regardless of whether you are a logged-in user of the particular social network or not. On that basis, we receive various insights from the operators of social networks.

We do not have access to the personal data which the operators of social networks use to create such insights. The selection and processing of your data for insights is performed exclusively by the operators of social networks. However, in some cases, when using these usage analysis and insight tools, we are jointly responsible ('joint controllers') with the operators of the social networks for processing your data to the extent indicated below.

When you visit our profile or fan pages on Facebook and Instagram (each the 'Social Media Network'), the Social Media Network and FIDIO act as joint controllers with respect to the collection of your data and the creation of insights. We have entered into joint controller terms with each Social Media Network to govern the relationship between FIDIO and the Social Media Network with respect to this processing. The Social Media Network is the primary controller for the collection of your data that is used for the creation of insight reports. The Social Media Network is therefore responsible for enabling your privacy rights in line with the applicable privacy laws. More information on how the Social Media Network processes your personal data, including the legal basis the Social Media Network relies on and the ways to exercise privacy rights against the Social Media Network, can be found in each Social Media Network's own Privacy Policy (Facebook, Instagram, etc.).

When you visit our Twitter or YouTube profiles, Twitter as the operator of Twitter or Google as the operator of YouTube, as relevant, collects and processes your personal data to the extent described in their privacy policies. Through statistics, we receive anonymized information from Twitter and Google – for example about the number of our Twitter and YouTube profile visits, about how successful our posts are or about what interests our followers pursue. Please refer to the Twitter and YouTube privacy policies for further information on how they process your personal data.

Note that when you visit our fan pages, the operators of social media process your data also for their own purposes, which are not covered in this Privacy Policy. We have no influence over the data processing operations of third parties. In this regard, we refer you to the privacy policy of the respective social network.

Links to Third Party Sites or Services

We may link to third party sites or services we don't control. If you click on one of those links, you will be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of these other websites carefully. We are not responsible for these third-party websites. Our site may also serve third-party content that contains their own cookies or tracking technologies. We do not control the use of those technologies.

We do not track our customers across third-party websites; however, some third-party sites do keep track of your browsing activities when they provide you content, which allows them to determine what they present to you. If you are visiting such sites, your browser should allow you to set the Do Not Track (DNT) signal so that third parties know you do not want to be tracked. Third parties that have content embedded on FIDIO websites may set cookies on a user's browser and/or collect information about the fact that a web browser visited a specific FIDIO website from a certain IP address. Third parties cannot obtain any other personally identifiable information from FIDIO's websites unless you provide it to them directly. Information collected by third parties is governed by their privacy practices.

FIDIO offers interactive services that allow you to post content to share publicly or with friends. At any time, you can contact privacy@fidio.ca to delete or remove content you have posted using the deletion or removal options within our service. Although we offer deletion capability for our services, please be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the services.

Information You Choose to Make Public

Certain information will be public on our websites and Services as part of your user experience including your user name, and any public interactions you initiate on our websites or Services including posting reviews, playlists, identifying favorite artists or performances, etc. The extent of your information visible to others on our websites and Services will depend on the information you choose to share. You can change or delete some of the information you provide. If you use another third party service or website to authenticate to our Services we will receive your first and last name and profile information from these third parties and this information will be saved automatically in your FIDIO account along with your user name and data. You can also edit or delete this information.

You may be able to create public playlists on our Services. Your public playlists will appear in your user data, will be searchable on our Services and other FIDIO users can access and use them. You and other FIDIO users may be able to share user playlists and information via a shareable link or via third-party social networks or messaging platforms. You can change the privacy of your playlists at any time. If you change your public playlist to a private setting, it will no longer be searchable on our Services or appear in any public user data. Please be aware that if other FIDIO users access a previously public playlist, subsequent changing of the playlist to a private setting will not automatically remove the playlist for such other users. If you shared your public or private playlist through a shareable URL link or with other FIDIO users and they added such a playlist, at present you can only remove the playlist from their collections by their deleting it.

Children’s Personal Data

Our Services and their content are not directed at children under the age of 13. We do not knowingly collect or solicit any personal data from children under the age of 13 or knowingly allow such persons to register for our Services. If you are under the age of 13, please do not use our Services, do not browse our websites and do not send us any of your personal data. If we learn that we have collected personal data from a child under the age 13, we will promptly delete that information, in accordance with applicable law. If you are a parent or guardian and believe that we may have collected personal data from your child, please notify us immediately by sending an email to privacy@fidio.ca. If you are 13 – 18 years of age, you may use our Services according to our Terms in appropriate circumstances. We reserve the right to limit access to our Services for children aged 13 – 18 years if their use of our Services or processing of personal data would be illegal or would require a consent of a parent or guardian, according to law applicable in their country of residence. Do not play or recommend any inappropriate content to individuals under 18 years old.

Data Retention, Deletion and Anonymization

Data Retention. We will keep your personal data only for the period necessary to fulfil the purposes for which we collect and process your personal data, as described in this Privacy Policy and in accordance with applicable law. This means that the retention periods will vary according to the data category and the purpose we have to process your personal data. The retention periods for data are determined on a case-by-case basis that depends on various factors.

• The nature of the personal data and why it is collected and processed. The length of time we will keep your personal data will generally be determined by how long we need that information to provide you with our Services and to provide customer support. For example, as set out in this Privacy Policy, we require account data to deliver our Services. We need to keep it for the duration your FIDIO account exists so that we can maintain your account. Similarly, we will keep some of your usage data, such as your playlists or folders for the lifetime of your account;
• For so long as we are required by law to do so. We are subject to various legal obligations in countries in which we operate, such as bookkeeping, accounting, tax or audit obligations, which require that we keep certain data for specified periods. For example, we will keep your information in accordance with applicable law and where we have a legal obligation to do so;
• Other factors as required by law and our legitimate interests. We may keep certain data for the establishment, exercise, or defense of legal claims, to deal with and resolve requests, disputes or complaints, for litigation or regulatory matters, and for the safety, security, and integrity of our Services, among other reasons.

Data Deletion and Anonymization. Subject to applicable law, after the lapse of the retention periods, we will delete or permanently anonymize your personal data so that it is no longer capable of identifying you. If you request that we delete your FIDIO user account, we will treat your FIDIO account deletion request as a request for erasure (deletion) of your personal data and we will delete or anonymize your personal data, so that it no longer identifies you, in accordance with applicable law. Depending on the jurisdiction in which you reside, there may be circumstances in which we retain your personal data for lawful reasons after receiving a deletion request, for example if certain legal obligations apply or if there are unresolved issues or claims relating to your FIDIO user account or your use of our Services.