Thank you for choosing to be part of our community at Lemon.fm, doing business as Lemon (“Lemon”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at privacy@lemon.fm.
When you and more generally, use any of our services (the "Services", which include the use of or access to Lemon.fm, our branded pages on social media services, or any of the other sites, services, features, content, applications and products we offer), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
This privacy notice applies to all information collected through our Services (which is described above), as well as any related services, sales, marketing or events.
Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
Please read this Privacy Policy to learn how we treat your personal information. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use and share your information in the ways described in this Privacy Policy.
Please note that this Privacy Policy does not apply to third party websites (“Third Party Services”), such as Facebook, Twitter, Pinterest, Instagram, Snapchat, and Google+, that we do not own or control, even if you access them through our Services. We encourage you to carefully review the privacy policies of any Third Party Services you access so that you know how they will collect, use, and share your information.
Remember that your use of our Services is at all times subject to our Terms and Conditions, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms and Conditions.
We collect personal information that you voluntarily provide to us when you register on the express an interest in obtaining information about us or our products and Services, when you participate in activities on the Site or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the Site, the choices you make and the products 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.
When you create an account. When you create an account with us, you provide a name, email address, and password.
When you make a purchase or use our Services. If you make a purchase, we request information from you to facilitate the transaction and get you the goods. This information may include (i) your name, email address, phone number, shipping address, and date of birth, (ii) information about the products you purchase, and (iii) information about other people, such as when you direct us to send a gift card.
When you make a purchase, we ask you to provide payment information, which may include payment card information (such as credit card number, type, and expiration date), billing address, and shipping address. Our payment processor, which is required by credit card issuers to meet specific security requirements, will collect, store, and process your credit card and other payment information on our behalf using industry-standard security measures. We do not store any payment card information.
When you contact us. We do everything possible to make sure you have an exceptional shopping experience. If you contact us in person, by phone (calling or texting), email, instant message (including Facebook Messenger), live chat, through social media or our App, or by some other means, we may keep a record of your contact information and the content of the communication for later reference. When we send you emails, we may track whether you open them to learn how to deliver a better customer experience and improve our Services. We receive responses to any survey that you choose to complete for us.
When you post on the Site. We collect information you post through the Site. For example, when you interact with other users or the Site by posting a review or other materials, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered ”public” and will not be subject to the privacy protections set forth herein.
We automatically collect certain information when you visit, use or navigate the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our and other technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.
Like most websites, our Site may incorporate technology such as “pixel tags”, “web beacons”, and “cookies” that allow us and our service providers to collect information about your actions on our Site. Our service providers may collect information about your online activities over time and across different online services.
Occasionally we will partner with third parties on social media and online channels to sponsor giveaways and promotions. Terms and conditions will accompany each giveaway and promotion, and it is the responsibility of all entrants to read the terms and conditions and privacy policies carefully. If you choose to share your information in order to participate in a giveaway or promotion, your entry information may be shared with such third parties.
We may receive information about you from other sources, including through Third-Party services and organizations, which may supplement information provided by you. This supplemental information can allow us to verify information that you have provided to Lemon and enhances our ability to provide you with information about our business, products, and Services. For example, if you access Third-Party services, such as Facebook or Twitter, to login to the Services or to share information about your experience with Lemon, we may collect information from these Third-Party services in accordance with the authorization procedures and privacy settings you establish with such services.
To Provide Products, Services, or Information Requested:Lemon may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
Administrative Purposes: Lemon may use Personal Information about you for its administrative purposes, including to:
Marketing Lemon Products and Services: Lemon may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content, products, or Services. Lemon may provide you with these materials via online social platforms, websites, phone, text/SMS, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 7 below.
Research and Development: Lemon may use Personal 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 Services or develop new products and Services. From time to time, Lemon 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 Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, 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.
Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may receive periodic emails, referral offers, newsletters, mailings, or phone calls from us with information on Lemon'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 the Individual by following the instructions in Section 7 below.
Anonymous and Aggregated Information. Lemon may use Personal 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 Lemon's Services, 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 Services. Anonymized or aggregated information is not Personal Information, and Lemon 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 Lemon and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Information Submitted Via Site. You agree that Lemon is free to use the content of any communications submitted by you via the Site, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Lemon will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Sharing Content with Friends or Colleagues. Lemon's Services may offer various tools and functionality. For example, Lemon may provide functionality on its Site that will allow you to forward or share certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Lemon or any other third parties for any other purpose.
Cookies, Pixel Tags/Web Beacons, and Analytics information
Our uses of such Technologies fall into the following general categories:
Operationally Necessary. We may use cookies, web beacons, or other similar technologies that are necessary to the operation of our sites, services, applications, and tools. This includes technologies that allow you access to our sites, services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;
Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our websites, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use our websites, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services, or tools;
Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our sites, services, applications, or tools. This may include identifying you when you sign into our sites or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our sites;
Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our sites, services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
Third-Party Sites and Social Media Platforms
The Site may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and Lemon does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
The Site and our other Services may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
Other Uses
Lemon may use Personal 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 Personal Information or with your consent.
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: 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: 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 and illegal activities, or as evidence in litigation in which we are involved.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. 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.
More specifically, we may need to process your data or share your personal information in the following situations:
Business Partners. Lemon may share Personal 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 Lemon may also provide Personal 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 Lemon's name. Lemon requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Lemon provided them.
Marketing. Interest-Based Advertising and third party marketing. Through our Services, Lemon 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 de-identified information as well as selected Personal Information (such as demographic information and past purchase history) 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-Lemon 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 Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
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.
Other Users. When you share personal information or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly made available outside the in perpetuity. If you interact with other users of our Site and register for our Site through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Site, and view your profile.
In Short: We may transfer, store, and process your information in countries other than your own.
Our servers are located in Europe and United States. If you are accessing our Services from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information in and other countries. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Lemon, you consent to the storage of your Personal Information in these locations.
If you are a resident in the European Economic Area, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law.
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 processing globally. By providing your Personal Information, you consent to any transfer and processing in accordance with this Policy.
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.
We retain Personal Data about you for as long as you have an open Account with us or as otherwise necessary to provide you with our Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Site, you represent that you are at least 18. 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 from our records. If you become aware of any data we may have collected from children under age 18, please contact us at privacy@lemon.fm
E-MAIL AND TELEPHONE COMMUNICATIONS
If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain communications regarding Lemon and our Site and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms and Conditions or this Policy).
We maintain telephone ”do-not-call” and ”do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
DO NOT TRACK
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.
COOKIES AND INTEREST-BASED ADVERTISING
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners' use of this information for interest-based advertising purposes.
If you are a resident of the European Economic Area, including the European Union and Switzerland, please review these additional privacy disclosures which provide information about your rights under the EU General Data Protection Regulation (GDPR).
Under the GDPR, you have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You also have the right to correct, amend, or delete the personal information we hold about you. If you wish to access, correct, amend, or delete Personal Information about you, please email privacy@lemon.fm.
Except as provided in this policy, we will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to privacy@lemon.fm.
Although Lemon makes good faith efforts to respect requests from Individuals to access or delete their Personal Information, there may be circumstances in which Lemon is unable to provide access or deletion, 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 Lemon determines that access or deletion 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, Lemon will take commercially reasonable steps to verify your identity before granting access or making any changes to your Personal Information.
In Short: If you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your written request to privacy@lemon.fm.
In order to exercise these rights, you will need to verify your identity to protect your security and personal information. Note that even if we honor your request to delete your information, we may retain certain information as required or permitted by law.
CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES
We collect the following categories of Personal Information as described in Section 1 (What Information Do We Collect) above:
We collect this Personal Information from you, your devices, third parties, or as otherwise described in this Privacy Policy. We use these categories of Personal Information as described in Section 2 (How We Use Your Information) above. We disclose these categories of Personal Information for the business purposes described in Section 3 (How We Share Your Information) above.
In Short: We will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
In Short: You may review, change, or terminate your account at any time.
If you are 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 are resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can submit your request to privacy@lemon.fm.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions and/or comply with applicable legal requirements.
Review, Update, or Delete Your Data
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit your request to privacy@lemon.fm. We will respond to your request within 30 days.
If you have questions or comments about this notice, you may email us at privacy@lemon.fm