Last Updated: June 25, 2010

Welcome to the TuningIn Web site. This privacy policy describes ourcollection of personal information from users of our Web site at TuningIn.com andrelated sites (the “Site”), as well as our use and disclosure of thatinformation. By using our Site, you consent to the collection and use ofpersonal information in accordance with this policy. If you have any questionsabout our privacy policy, please email us.

PLEASE READ THIS PRIVACY POLICYCAREFULLY. BY ACCESSING OR USING OURWEBSITE, YOU ACKNOWLEDGE THAT YOU HAVEREAD, UNDERSTAND, AND AGREE TO BE BOUNDTO ALL THE TERMS OF THIS PRIVACY POLICYAND OUR WEBSITE TERMS OF USE. IF YOU DONOT AGREE TO THESE TERMS, EXIT THISPAGE AND DO NOT ACCESS OR USE THE WEBSITE.

Personal Information

“Personal information,” as used in this policy, is information thatspecifically identifies an individual, such as an individual’s name, address,telephone number, or e-mail address. Personal information also includesinformation about an individual’s activities, such as information about his orher activity on the Site, and demographic information, such as date of birth,gender, geographic area, and preferences, when any of this information islinked to personal information that identifies that individual.  When youengage in certain activities on the Site, such as creating an account, fillingout a survey, requesting information about our services, placing an order,signing up for special offers from third parties through the Site(collectively, “Identification Activities”), we may ask you to provide certaininformation about yourself.  It is optional for you to engage in anIdentification Activity. If you elect to engage in an Identification Activity,however, we may ask you to provide us with certain personal information aboutyourself, such as your first and last name, mailing address (including zipcode), email address, telephone number and date of birth. When you orderproducts or services, we may also ask you to provide us with your credit cardnumber, expiration date and authentication codes or related information.Depending on the activity, some of the information we ask you to provide isidentified as mandatory and some is identified as voluntary. If you do notprovide the mandatory information for a particular activity that requires it,you will not be permitted to engage in that activity.

Personal information does not include “aggregate” or other non-personallyidentifiable information. Aggregate information is information that we collectabout a group or category of products, services, or users that is notpersonally identifiable or from which individual identities are removed. We mayuse and disclose aggregate information, and other non-personally identifiableinformation, for various purposes.

Collection of Information

Passive Information Collection

When you visit the Site, some information is automatically collected, suchas your computer’s IP address, browser type, and system type, the content andpages that you access on the Site, the “referring URL” (i.e., the page fromwhich you navigated to the Site), the pages you navigate to on the Site, andfrom which you leave the Site, as well as the time you spend on the Site.

We collect this information passively using technologies such as standardserver logs, cookies, and clear GIFs (also known as “Web beacons”). We may alsocontract with one or more third-party analytics services to collect and processthis information on our behalf. We use passively-collected information toadminister, operate, monitor, and improve the Site and our other services andsystems, to provide services and content that are tailored to you, to increaseour Site’s functionality and user-friendliness, to generate and derive usefuldata and information concerning the interests, characteristics, and behavior ofour users, and to verify that visitors to the Site meet the criteria requiredto process their requests. If we link or associate any information gatheredthrough passive means with personal information, we treat the combinedinformation as personal information under this policy. Otherwise, we useinformation collected by passive means in non-personally identifiable formonly.

Also, please be aware that third parties may set cookies on your hard driveor use other means of passively collecting information about your use of theirservices or content. We do not have access to, or control over, thesethird-party means of passive data collection.

Collection of Voluntarily Provided Information

We collect personal information that our users provide to us in a variety ofways on the Site. For instance, when you register for an account, update yourprofile, post content to the Site, request information about our services,request help or support, or otherwise communicate with us, we collect thepersonal information that is provided to us. We may collect personalinformation including, but not limited to, name, e-mail address, mobiletelephone number, location, third-party service login credentials, yourinterests and preferences, other information that you provide in your personalprofile, and information about your listings, in these manners.

Information from Other Sources

We may receive information about you, including personal information, fromthird parties, and may combine this information with other personal informationwe maintain about you. If we do so, this policy governs any combinedinformation that we maintain in personally identifiable format.

Use of Personal Information

We use personal information to provide services and information that yourequest; to enhance, improve, operate, and maintain the Site, our programs,services, website, and other systems; to prevent fraudulent use of our Site andservices; to tailor and personalize your user experience; to maintain a recordof our dealings with you, and for other administrative purposes.

We may also use personal information you provide to contact you regardingproducts, services, and offers of TuningIn or of third parties that we believeyou may find of interest. We allow you to opt-out from receiving marketingcommunications from us as described in the “Choice” section below.

Disclosure of Personal Information

We will not share your Personally Identifiable Information with otherparties except as provided below:

We may share your information with TuningIn Merchants. From time totime, we provide offers from particular merchants (referred to as “TuningInMerchants”) who, as part of the offer, request information on TuningIncustomers who purchased the offer. In those cases, we share some of yourPersonally Identifiable Information with TuningIn Merchants.  Sharing thisInformation will allow a TuningIn Merchant to market directly to you shouldthey choose to do so. However, we will only share Personally IdentifiableInformation with a TuningInMerchant if you engage in an IdentificationActivity, and then only to the TuningInMerchant involved in that IdentificationActivity. We specifically disclaim any responsibility or liability for theactions of such TuningIn Merchant. While we inform them that they are onlypermitted to communicate with you for the purposes of the specific promotionwith TuningIn, we do not have any responsibility for the actions of the TuningInMerchant, and the actions of the TuningIn Merchant are not in our control.

We may disclose personal information to third-party service providers thatassist us in our work (e.g., those who provide data storage, maintenanceservices, database management, web analytics, payment processing, and otherwisehelp us improve the Site). We limit the personal information provided to theseservice providers to that which is reasonably necessary for them to performtheir functions.

We cooperate with government and law enforcement officials. Accordingly, wemay also disclose personal information as we, in our sole discretion, believenecessary or appropriate to respond to claims and legal process (including,without limitation, subpoenas); to protect our rights and property (including,without limitation, to enforce our agreements), or a third party’s rights orproperty; to protect the safety of the public or any person; or to prevent orstop any activity that we may consider to be, or to pose a risk of being,illegal, unethical, inappropriate or legally actionable.

As described below in the “Personal Information Available to Third Parties”section, personal information that you include in your TuningIn profile, alisting, or in any other areas of the Site that may be accessed by TuningInusers or other third parties (each, a “Submission”) may be made available onthird-party syndicated services that display content posted to our Site.

In addition, information about our users, including personal information,may be disclosed as part of any merger, acquisition, debt financing, sale ofcompany assets, or similar transaction, as well as in the event of insolvency,bankruptcy, or receivership in which personal information could be transferredto third parties as one of our business assets.

Release of Non-Personally Identifiable Information

We may disclose or share on-Personally Identifiable Information withPartners, Affiliates and Advertisers. For example, we may share aggregateddemographic information (which does not include any Personally IdentifiableInformation) with “Third Party Advertisers” or “Third Party AdvertisingCompanies” and other parties as provided below:

We also use Third Party ServiceProviders to track and analyze Non-PersonallyIdentifiable usage and volume statistical information from our Users toadminister our Site and constantly improve its quality. We may also publishthis information for promotional purposes or as a representative audience forAdvertisers. Please note that this is not Personally Identifiable Information,only general summaries of the activities of our Users. Such data is collectedon our behalf, and is owned and used by us.

Personal Information Available to Third Parties

Some features on the Site may allow you to post or submit personalinformation that is made available to other users of the Site and tothird-party services that display content from the Site (“Syndicated Services”).For example, we display some categories of personal information that youprovide in your TuningIn profile in your profile page, and elsewhere on theSite, according to the preferences you set in your TuningIn account settings.Additionally, if you post a listing on our Site, any personal information thatyou include with that Submission will be made available to other Site users,and users of Syndicated Services, who view it. You include personal informationin your user profile, and in any other Submissions, at your sole risk. We mayallow you to select privacy options that limit access twosome types of personalinformation in Submissions, but no security measures are impenetrable orperfect. Additionally, even after information posted on the Site is removed,caching and archiving services may have saved that information, and thirdparties may have copied or stored the information available on the Site. Wecannot warrant or guarantee that any personal information that you provide onand in connection with the Site will not be accessed, viewed, or used byunauthorized persons. We encourage you to think carefully about the informationthat you disclose about yourself in your TuningIn profile and in otherpublicly-available portions of the Site.

Access

You may review, update, correct or delete the personal information providedwhen you registered, or subsequently may have provided to your account profile,by logging in to your TuningIn account and making the appropriate changes toyour “account settings.”

Choice

If you receive commercial email from us, you may unsubscribe at any time byfollowing the instructions contained within the email. You may also opt-outfrom receiving commercial communications from us by making the appropriatechanges to your “account settings” while logged in to your TuningIn account.

Links

For your convenience, the Site may contain links to other Web sites,products, or services that we do not own or operate. If you choose to visit oruse any third-party products or services, please be aware that this policy willnot apply to your activities or any information you disclose while usingthird-party products or services or otherwise interacting with third parties.

Children

Children’s safety is important to us, and we encourage parents and guardiansto take an active interest in the online activities of their children. Our Siteis not directed to children, and we do not knowingly collect personalinformation from children under the age of13. If you are a parent or guardianof a child under the age of 13, and you become aware that the child hasprovided us with personal information without your consent, please contact usat misterdj@TuningIn.com.

International Visitors

Our Site is hosted in the United States and is generally intended for UnitedStates visitors. If you visit from the European Union, Asia, or other regionswith laws governing data collection and use that may differ from U.S. law,please be aware that you are transferring personal information to the UnitedStates. The United States does not have the same data protection laws as theEuropean Union, Asia, and some other regions. By providing personal informationto us, you consent to the transfer of it to the United States and the use of itin accordance with this policy.

Security

The security of personal information is important to us. We use reasonablesecurity measures that are designed to protect personal information from loss,misuse, and unauthorized access, disclosure, alteration, or destruction. Pleasebe aware, however, that no data security measures can be guaranteed to becompletely effective. Consequently, we cannot ensure or warrant the security ofany personal information or other information. You transmit personalinformation to us at your own risk.

Notice of Privacy Rights to California Residents.

California law requires that we provide you with a summary of your privacyrights under the California Online Privacy Protection Act (the “Act”) and theCalifornia Business and Professions Code. As required by the Act, we willprovide you with the categories of Personally Identifiable Information that wecollect through the Website and the categories of third party persons orentities with whom such Personally Identifiable Information may be shared fordirect marketing purposes at your request. California law requires us to informyou, at your request, (1) the categories of Personally Identifiable Informationwe collect and what third parties we share that information with; (2) the namesand addresses of those third parties; and (3) examples of the products marketedby those companies. The Act further requires us to allow you to control who youdo not want us to share that information with. To obtain this information,please send a request by email or standard mail to the address found below.When contacting us, please indicate your name, address, email address, and whatPersonally Identifiable Information you do not want us to share with AffiliatedBusinesses or Marketing Partners. The request should be sent to the attentionof our legal department, and labeled “California Customer Choice Notice.”Please allow 30days for a response. Also, please note that there is no chargefor controlling the sharing of your Personally Identifiable Information orrequesting this notice.

Updates to this Policy

We may occasionally update this policy. When we do, we will also revise the“last updated” date at the beginning of the policy. Your continued use of thisSite after such changes will be subject to the then-current policy. Weencourage you to periodically review this policy to stay informed about how wecollect, use, and disclose personal information. For any revisions to thispolicy that are materially less restrictive on our use or disclosure ofpersonal information you have provided to us, we will make reasonable effortsto notify you and obtain your consent before implementing such revisions withrespect to such information.

Contacting Us

If you have any questions, comments, or concerns about this privacy policy,please contact us at misterdj@tuningin.com.

For Customer Service Inquiries: misterdj@tuningin.com