Pocket FM

Privacy Policy

Updated in April 2024

1. INTRODUCTION

Pocket FM Private Limited is an entity registered in India. We are engaged in the business of providing, managing, operating and hosting a digital platform, under the brand Pocket FM, that allows users to access and share audio content, including audiobooks, podcasts, etc. as well as literary content such as Pocket Novels across different languages. We are committed to ensuring that privacy of our clients, visitors, and other users of the website at https://www.pocketfm.com or any other website, mobile version of the Website or mobile application of Pocket FM Private Limited or any of its affiliates or licensees (collectively, the “Website”) is always respected. In this Policy, “Pocket FM”, “we”, or “us” refers to Pocket FM Private Limited and its affiliates, successors and assigns, and “you” refers to a user who has provided any information including Personal Information (as defined below) and using any features therein.

The protection and security of your Personal Information and Usage Information (as defined below) is one of our top priorities. This Privacy Policy discloses and explains how we collect, use, share and protect Personal Information, Usage Information or any other information about you. We also provide information regarding how you can access and update your Personal Information and make certain choices about how your Personal Information is used by us. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources.

This Privacy Policy explains what information of yours will be collected by Pocket FM when you access the Website, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy.

2. INFORMATION COLLECTION BY POCKET FM

2.1 Data Controller and Data Processor:

Pocket FM controls, collects, owns and directs the use of the Personal Information and Usage Information on its Website and Pocket FM is the data controller and data processor as regards the Personal Information and Usage Information collected on its Website. For any queries regarding this Privacy Policy and the collection and use of data collected or processed under this Privacy Policy, you may write to us at the e-mail address mentioned under Section 14 (Grievance Redressal)

2.2 Legal basis for collection and processing of Personal/Usage Information:

The legal basis for collection and processing of any information collected and processed by Pocket FM including the Personal Information is (i) your consent at the time of providing the Personal Information; (ii) where it is in our legitimate interests to do so and not overridden by your rights (for example, in some cases for direct marketing, fraud prevention, network and information systems security, responding to your communications, the operation of networks of groups by the network administrators, and improving our Website). In some cases, we may also have a legal obligation to collect information about you, or may otherwise need the information to protect your vital interests or those of another person. We may also process information to comply with a legal requirement or to perform a contract.

2.3 Basic Information

Pocket FM may ask you to provide certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, company address, e-mail address, date of birth and mobile number (“Personal Information”), when you access the Website, in order to provide you with the relevant information requested.
Additionally, we may collect this information through various forms and in various places through the Website, including when you first register with us, when you create a transaction, when you contact us, when you update your information or from time to time or when you otherwise interact with us. Pocket FM may include registration, surveys, and other online forms where users will need to provide Personal Information.

2.4 Additional Information

2.4.1 Cookies:

Pocket FM may use standard “cookie” browser application feature to collect and understand website usability trends. Cookies are text files that we may place in your computer browser to store your preferences. Cookies are used to record various aspects of your visit and assist us in providing you with uninterrupted products or services. One of the primary purposes of cookies is to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content. However, no personal information identifying the user is collected nor any data capture mechanism is employed. The user may change browser settings to accept or reject cookies on personal preference. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify the browser setting to decline cookies if you so prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of the Website that may depend on cookies. If you choose to accept cookies, you also have the ability to later delete cookies that you have accepted. If you choose to delete cookies, any settings and preferences controlled by those cookies, including advertising preferences, will be deleted and may need to be recreated. We process and keep all data for our own use and, if you wish to opt-out from tracking by Pocket FM you can do so mailing us at the E-mail ID mentioned in Section 18.2 (Customer Services)

2.4.2 Information Collected Automatically:

In addition to any Personal Information or other information that you choose to submit to us, we may use a variety of technologies that automatically (or passively) collect certain information whenever you access the Website (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Website, among other information. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information with your Personal Information, we will treat it as Personal Information and the conditions relating to Personal Information under this Privacy Policy will be followed. Traffic data, while anonymous, is gathered and analysed for business needs.

2.4.3 Information Third Parties Provide About You:

We may, from time to time, supplement the information we collect about you through our Website with outside records from third parties obtained rightfully in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to use such of our products or services that we believe may be of interest to you. We may combine the information we receive from such third party sources with information we collect through the Website or through independent research conducted by Pocket FM, with your consent. In these cases, we will apply this Privacy Policy to any Personal Information received, unless otherwise provided. We may process such information received from third parties for the legitimate commercial purposes or to enter into contractual obligations with you or to fulfil certain contractual obligations or where you have requested third parties to provide information about yourself to us.

2.5 Processing of Data:

Pocket FM may also process any Personal Information or Usage Information collected from you for legitimate commercial purposes including to provide you with the requisite information requested. A list of uses of the Personal Information and Usage Information collected is provided at Section 3 of this Policy (Use of Information Collected).
Pocket FM implements appropriate technical and organisational measures to ensure a level of security appropriate to the risk of our processing of information about individuals such as (i) only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymised basis wherever possible; (ii) using secure servers to store your information; (iii) verifying the identity of any individual who requests access to information prior to granting them access to information; and (iv) using Secure Sockets Layer (SSL) software or other similar encryption technologies to encrypt any payment transactions you make on or via our website.

2.6 Right of a user in relation to data submitted:

Any user who has submitted Personal Information on the Website has the right to (i) access, correct, delete such Personal Information subject to us successfully verifying your identity; (ii) object to us processing your Personal Information on legitimate grounds; (iii) to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information; (iv) opting out of receiving any promotional or marketing material by clicking on the “Unsubscribe” button or by contacting us at the E-mail ID mentioned in Section 18.2 (Customer Services.) Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent; (v) right to have the Personal Information transferred to another data controller; and (vi) lodge a complaint with a supervisory authority, of an alleged infringement of applicable data protection laws. Any request received by us in relation to the aforesaid we shall endeavor to be acknowledged by us within 72 (seventy-two) business hours.

3. USE OF INFORMATION COLLECTED

3.1 Business Purposes:

Pocket FM does not share any Personal Information with any third party without your consent, except when directed by the law. Pocket FM can use this data to verify user identity in line with engagement initiated by the user. We will communicate with you using the contact information provided by you in order to respond to any queries that you may have and to provide any information that you may request regarding the Products or services. We may communicate with you either by written, physical communication, email, telephone, SMS or via notifications on your mobile device. We may also send strictly products or service-related announcements to you periodically and when it is necessary to do so. For instance, if our Products or services are temporarily suspended for maintenance, we might send you an email, text message, flash notification or telephone call. If you do not wish to receive such alerts, you have the option to unsubscribe from such emails by writing to us at the E-mail ID mentioned in Section 18.2 (Customer Services.)

We may use Personal Information or Usage Information collected through the Website in the following ways:

  • To operate and improve our Website and tools associated with the Website;
  • To create aggregated and anonymized information to determine which Website features are most popular and useful to users, and for other statistical analyses;
  • to prevent, discover and investigate violations of this Privacy Policy or the Terms and Conditions, and to investigate fraud or other matters;
  • To customize the content or the products or services on the Website for you, or the communications sent to you through the Website.
  • To help provide you the products or services on the Website;
  • To observe, improve and administer the quality of products or services on the Website;
  • To analyze how the Website is used, diagnose technical problems;
  • Remember the basic information provided by you for effective access;
  • To confirm your identity in order to determine your eligibility to use the Website and avail the products or services;
  • To notify you about any changes to the Website;
  • To enable Pocket FM to comply with its legal and regulatory obligations;
  • For the purpose of sending administrative notices, products or service related alerts and other similar communication with a view to optimizing the efficiency of the Website;
  • Doing market research, troubleshooting, protection against error, project planning, fraud and other criminal activity; and
  • To reinforce Pocket FM’s Terms of Use available at - https://www.pocketfm.com/terms-and-conditions

3.2 Anonymous:

We may share non-Personal Information, such as aggregated user statistics and log data, with our business partners for industry analysis, demographic profiling, to deliver targeted advertising about other products or products or services, or for other business purposes. This information is solely used to analyze company website and understand usage statistics, as mentioned above, is anonymous. The company may share this data with its business partners on anonymous basis. We do not sell, share, rent or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information.

3.3 Administrative and Legal Reasons:

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, store, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, governmental requests or legal process; (ii) to protect the safety, rights, property or security of Pocket FM, our products or services, the Website or any third party; (iii) to protect the safety of the public for any reason; (iv) to detect, prevent or otherwise address fraud, security or technical issues; and /or (v) to prevent or stop any activity we consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Such disclosures may be carried out without notice to you.

3.4 Business Transfer:

We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Website or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process. You will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. We will endeavor that the transferee who is the recipient of Personal Information and Usage Information commits to privacy measures which are substantially similar to the measures under this privacy policy.

4. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY PRODUCTS OR SERVICES

We do not include or offer third party products or services on our website.

5. DATA TRANSFER

Your information may be stored and processed in India or any other country in which Pocket FM or its subsidiaries, affiliates or products or service providers maintain facilities. Pocket FM may transfer information that we collect about you, including Personal Information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. These countries may have data protection laws that are different to the laws of your country and, in some cases, may not be as protective. We have taken appropriate safeguards to require that your information will remain protected in accordance with this Privacy Policy.

6. DATA RETENTION

Your information will be retained with Pocket FM as long as it is needed by Pocket FM to provide Products or services to you. If you wish to cancel your account or request that Pocket FM no longer uses your information to provide Products or services, you may contact at the E-mail ID mentioned in Section 18.2 (Customer Services.) Pocket FM will promptly delete the information as requested. Pocket FM will retain and use your information as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements or for other business purposes. When Pocket FM has no ongoing legitimate business need to process your information, we will either delete or anonymize it.

In the event you are a user who is a resident of India, we may retain your Personal Information for a period of 180 days (or such other period as may be specified under applicable law) after the deletion of your account or cancellation or withdrawal of your registration.

7. CHILDREN

Pocket FM’s Terms of Use available at https://www.pocketfm.com/terms-and-conditions contain restrictions on how minors can access and use the Website. You are required to carefully read and comply with the same.

Any collection of Personal Information of children is intended to comply with applicable law in each relevant jurisdiction, including the Children’s Online Privacy Protection Act applicable in the United States of America. Pocket FM requires parental consent before Personal Information belonging to children is submitted or collected, unless the information concerned falls within an exception recognized under applicable law. Pocket FM does not make Personal Information collected from children publicly available nor do we enable children to do so on the Website. A child’s participation in any activity or service contained on the Website is not conditional upon disclosure of more Personal Information than reasonably necessary to participate in such activity or service.

Parents may contact us at the E-mail ID mentioned in Section 18.2 (Customer Services) to review, update or delete any of their children’s Personal Information and to elect for us not to collect any additional Personal Information from their children. We will not change how we handle previously collected information without providing notice and obtaining parental consent wherever necessary.

8. SECURITY

This website, in compliance with applicable norms, has a number of security measures to ensure there is no loss, misuse or illegal alteration of information collected from its users. Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices for protecting your information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet or wireless communication and any information you transmit to Pocket FM you do at your own risk. If, despite our best efforts, an unauthorised breach of our security measures occurs, resulting in the unauthorised access, duplication, removal or alteration of any Personal Information, Third Party Information, or Usage Information, Pocket FM, its directors, officers, employees, promoters, or affiliates will not be held responsible for any loss resulting from such breach.

9. COMPROMISE OF PERSONAL INFORMATION

In the event that Personal Information is compromised as a breach of security, Pocket FM will notify the supervisory authority in compliance with applicable law, within 72 (seventy two) hours of the breach coming to its notice.

10. CONTACT & POLICY UPDATES

In case on any queries on this privacy policy, please contact us at the E-mail ID mentioned in Section 18.1 (Legal and Notices). Pocket FM reserves the right to update or modify any part of this policy or make any changes without prior notice to the user. The user is advised to check this page periodically to stay abreast of any policy changes by us.

11. CHANGE OF INFORMATION AND CANCELLATION OF ACCOUNT

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire to access the Website, you may correct, delete inaccuracies, or amend information by contacting us through at the E-mail ID mentioned in Section 18.2 (Customer Services) and we shall endeavor to respond within 72 (seventy two) hours of receipt of communication.

You have the right to request that we rectify or delete the personal data or restrict the processing of your personal data, if you think they are inaccurate. Furthermore, you have the right to object against the processing based on our legitimate interests as a legal basis. We are required to assess and act on your request. Additionally, you also have the right to data portability if it should become relevant. You have a right to lodge a complaint with your local supervisory authority.

You may also cancel or modify your communications that you have elected to receive from the Website by logging into your user account and changing your communication preferences.

If you wish to cancel your account or request that we no longer use your information to provide you details with respect to our products or services and the Website, please write to us at the E-mail ID mentioned in Section 18.2 (Customer Services).

12. OPT IN

If you wish to opt for receiving non-essential communications such as promotional and marketing-related information regarding the Website and the products or services, please send Pocket FM an email at the E-mail ID mentioned in Section 18.2 (Customer Services).

13. CHANGES TO THE PRIVACY POLICY

From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy on the Website. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

14. GRIEVANCE REDRESSAL

If you have any questions or concerns about this Privacy Policy, usage and processing of your personal information and content which violates the Privacy Policy and/or our Terms and Conditions please write to us at the E-mail address mentioned in Section 18.3 (Grievance Redressal) or using the details provided on our ‘Contact Us’ page. We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of personal information about you in a time bound manner and as per the time period prescribed under the applicable laws. Except where required by law, Pocket FM cannot ensure a response to questions or comments regarding topics unrelated to this policy or Company’s privacy practices.

15. CONSENT

By consenting to the terms under this Privacy Policy, you are expressly granting Pocket FM the right to collect, share, transfer, store, retain, disseminate or use the Personal Information/Usage Information collected by Pocket FM from your usage of the Website in accordance with the terms of the Privacy Policy. You may, at any time, withdraw consent for the collection or processing of Personal Information/Usage Information by sending an email at the E-mail ID mentioned in Section 18.2 (Customer Services). Pocket FM shall endeavor to reply, shall within 72 (seventy two) hours delete or anonymize the data collected from you.

16. GOVERNING LAW

This Policy is published and shall be governed by and construed in accordance with the applicable laws of India as amended from time to time, without reference to conflict of laws principles. The courts in Bengaluru shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, this Privacy Policy.

17. AMENDMENT

From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy on the Website. If we make any material changes, we will notify You by email (sent to the e-mail address specified in Your account) or by means of a notice on the Website prior to the change becoming effective. We encourage You to periodically review this page for the latest information on our privacy practices.

18. POCKET FM COMMUNICATIONS

18.1 LEGAL AND NOTICES

To send us any notice or for any legal concerns or in case your intellectual property rights have been infringed you may write to us at legal@pocketfm.com.

18.2 CUSTOMER SERVICES

For any queries /concerns regarding your account and/or its termination, payments, coins, business purpose or partnerships etc. you may write to us at care@pocketfm.in.

18.3 GRIEVANCE OFFICER

In case you have any concerns in relation to the usage and processing of your personal information, content which violates our Privacy Policy/Terms and Conditions then you may contact our Grievance Officer at below:
Name: Anurag Sharma
Address: 256/A, 17th Cross Road, Sector 6, HSR Layout, Bangalore - 560102, Karnataka, India
Office Hours: 10:00 A.M. to 1:00 P.M.
Email: grievances@pocketfm.com or anurag.sharma@pocketfm.com

California Consumer Privacy Act (CCPA) Addendum

If You are a User in California, this Addendum applies to you. Except as otherwise modified by this CCPA Addendum, all provisions of the above Privacy Policy shall remain in full force and effect.

1. Your rights under the CCPA:

Under the CCPA, you have the right to:

1.1 Access the categories and specific pieces of personal data Pocket FM has collected, the categories of sources from which the personal data is collected, the business purpose(s) for collecting the personal data, and the categories of third parties with whom Pocket FM has shared personal data;

1.2 Delete personal data under certain circumstances; and

1.3 Opt out of the “sale” of personal data. We do not sell your personal data in the conventional sense. However, like many companies, we use advertising services that try to tailor online ads to your interests based on information collected via cookies and similar technologies about your online activity. This is called interest-based advertising. The CCPA's statutory definition of the term “sale” is broad and may include interest-based advertising

1.4 Pocket FM will not discriminate against you and/or charge you for exercising any of these rights, which is further in line with your rights under the CCPA. Pocket FM is not obliged to respond to more than two requests within a 12-month period.

1.5 To exercise your rights, contact us by emailing at the E-mail ID mentioned in Section 18.2 (Customer Services). To opt out of the use of cookies on our sites for interest-based advertising purposes, follow the instructions in this Privacy Policy.

1.6 We will acknowledge receipt of your request within 3 (three) business days, and provide a substantive response within 45 (forty five) business days, or inform you of the reason and extension period (up to 90 (ninety) days) in writing.

1.7 Under the CCPA, only you or an authorized agent may make a request related to your personal data. Note that to respond to your requests to access or delete personal data under the CCPA, we must verify your identity. We may do so by requiring you to log into your Pocket FM account (if applicable), provide information relating to your account (which will be compared to information we have, such as profile information), give a declaration as to your identity under penalty of perjury, and/or provide additional information. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney.

2. California’s Shine the Light Law

California Civil Code Section 1798.83, also known as “Shine The Light” law, permits California residents to annually request information regarding the disclosure of your Personal Information (if any) to third parties for the third parties’ direct marketing purposes in the preceding calendar year. We do not share Personal Information with third parties for the third parties’ direct marketing purposes.

Virginia Consumer Data Privacy Act (VCDPA) Addendum

If You are a User in Virginia, this Addendum applies to you. Except as otherwise modified by this CCPA Addendum, all provisions of the above Privacy Policy shall remain in full force and effect.

1. Your rights under the VCDPA:

Under the VCDPA, you have the right to:

1.1 Access personal data that a business processes about you;

1.2 Correct inaccuracies in that data, taking into account the nature of the data and the purpose of the processing;

1.3 Delete personal data provided or obtained about you, subject to certain exceptions laid out in the VCDPA;

1.4 Obtain a copy of your personal data that they previously provided to Pocket FM in a portable and, to the extent technically feasible, readily usable format;

1.5 Opt-out of processing for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;

1.6 Pocket FM will not discriminate against you and/or charge you for exercising any of these rights, which is further in line with your rights under the VCDPA. You may request up to twice annually and after that if Pocket FM is satisfied that the request is manifestly unfounded, excessive, or repetitive, Pocket FM may charge you a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request.

1.7 To exercise your rights, contact us by emailing at the E-mail ID mentioned in Section 18.2 (Customer Services). To opt out of the use of cookies on our sites for interest-based advertising purposes, follow the instructions in this Privacy Policy.

1.8 We will acknowledge receipt of your request within 3 (three) business days, and provide a substantive response within 45 calendar days, or inform you of the reason and extension period (up to 90 days) in writing.

1.9 In the event that you are dissatisfied by the decision, you may appeal within 15 (fifteen) days. We will acknowledge receipt of your request within 3 (three) business days and provide a substantive response within 60 business days. In the event that Pocket FM does not wish to entertain the appeal by the you, you have the right to approach the Attorney General of Virginia.

Colorado Privacy Act (CPA)

If You are a User in Colorado, this Addendum applies to you. Except as otherwise modified by this Addendum, all provisions of the above Privacy Policy shall remain in full force and effect.

1. Your rights under the CPA:

Under the CPA, you have the right to:

1.1 Access personal data that a business processes about you;

1.2 Correct inaccuracies in that data, taking into account the nature of the data and the purpose of the processing;

1.3 Delete personal data provided or obtained about you, subject to certain exceptions

1.4 Obtain a copy of your personal data that they previously provided to Pocket FM in a portable and, to the extent technically feasible, readily usable format;

1.5 Opt-out of processing for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;

1.6 Pocket FM shall not discriminate against you for exercising any of these rights, which is further in line with your rights under the CPA. After the first request, Pocket FM may charge such amount as may be required to process such requests;

1.7 To exercise your rights, contact us by emailing at the E-mail ID mentioned in Section 18.2 (Customer Services). . To opt out of the use of cookies on our sites for interest-based advertising purposes, follow the instructions in this Privacy Policy.

1.8 We will acknowledge receipt of your request within 3 (three) business days, and provide a substantive response within 45 (forty five) calendar days, thereafter you shall have the right to appeal within 15 (fifteen) business days.

1.9 On receipt of your appeal, Pocket FM shall provide a substantive response within 45 (forty-five) calendar days or inform you of the reason and extension period of an additional 60 (sixty) days (total up to 105 (one hundred and five) days) in writing. In the event that you are dissatisfied, you have the right to approach the Attorney General of Colorado.