Privacy Policy

Privacy Policy | Terms of Service

Welcome to SetBreak, a service provided by My Playlist Inc. (hereinafter "SetBreak", "we", "our", "us"). SetBreak provides an online radio service whereby users (hereinafter "Listeners") can access streaming music stations (hereinafter "Stations").

SetBreak knows that you care about how your personally identifiable information (hereinafter "Personal Information") is used and shared, and we take your privacy seriously. This Privacy Policy explains how we collect, store, use, and disclose your Personal Information when you use the website and any other linked pages, features, or content, our mobile application and desktop services, including all features and functionalities, music streaming and downloading, user interfaces, and all content and software associated therewith (hereinafter collectively, the "Service").

This Privacy Policy covers SetBreak’s treatment of Personal Information that SetBreak gathers when you are accessing and/or using our Website and/or our Service. This policy does not apply to the practices of companies that SetBreak does not own or control, or to individuals that SetBreak does not employ or manage. When using this Service, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. SetBreak is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your SetBreak account or sharing any Personal Information.

By visiting the website, using the mobile application, or in any other way using the Service you acknowledge that you accept the use of your Personal Information and the practices and policies outlined in this Privacy Policy. Please take the time to read this Privacy Policy and make sure you are content with our use and disclosure of your Personal Information. If you do not agree to any of the provisions of this Privacy Policy, you should not use the Service. If you have questions or concerns, you can contact us at _______________.

I. Listener Age Restrictions

SetBreak is not intended for use by children. Anyone under the age of 13 is not permitted to use the Service and must not attempt to register an account or submit any Personal Information to us. We do not knowingly collect any Personal Information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such data, please notify use immediately at _____________.

II. What Personal Information Does SetBreak Collect?

The Personal Information we gather from our Listeners enables us to personalize and improve our services and to allow our Listeners to set up a user account and public profile that can be used to interact with artists, events, venues, blogs, terrestrial radio stations, and other Listeners through the Service. We collect the following types of information from our Listeners:

(a) Personal Information You Provide to Us
Registration is not required to perform certain actions on the Service (for example, you may vote on playlists without registering). However, you must register to access the main features of the Service, including access to create playlists and listen to music. When you register to use the Service, you will provide us with your email address, and will choose a username and password for your account.

You may choose, at your discretion, to provide additional Personal Information for your public profile on SetBreak, for example: your zip code and country of origin, information about how you categorize yourself (for example, whether you are an artist, a venue, an event, a promoter, a college radio station, a music blogger, or a music fan), your real name, your date of birth, your gender, your street address, your payment verification and billing information, a profile picture or avatar, your interests, websites, other social media profiles, and other affiliations. None of this public profile information is mandatory, and any information you provide may be deleted, edited, amended, or changed at any time. For more information, please see the Access, Choice and Control section below.

You will also provide certain Personal Information if you open an email or similar digital communication from SetBreak, or contact us via email or other communication (including, but not limited to, mail, fax, phone, or other offline means). SetBreak uses this information to make our communications more interesting and helpful and to improve our Service. If you do not wish to receive email or other communications from us, please see the Access, Choice and Control section below.

You may provide Personal Information when you upload or generate content to the Service.

If you participate in any Competitions or Promotions ("Promotions") you may be required to include additional Personal Information.

(b) Personal Information Collected Automatically
We receive and store certain types of information as a result of your interaction with our Service, or through the use of web analytics services as described in our Cookies and Similar Technology section. SetBreak automatically receives and records information on our server logs from your browser including:

(1) The Internet Protocol ("IP") address of the device from which you access the Service (which can sometimes be used to derive the country or city from which you are accessing the Service);

(2) Information collected through cookies and similar technology;

(3) The page you requested and the page that you visited immediately prior to visiting the Service;

(4) The specific actions you take on the Service and any search terms you may enter on the Service;

(5) The time, frequency, and duration of your visits to the Service;

(6) Your browser type, operating system and mobile provider;

(7) The nature of the device from which you are accessing the Service, for example, whether you are accessing from a personal computer or from a mobile device; and

(8) Information regarding your interaction with messages, for example, whether you opened, clicked on, or forwarded the message.

(c) Personal Information Collected From Other Sources

In the event you connect your accounts from third party services, such as Facebook, Twitter, etc. to the Service, then we will receive certain information, which information may be used to instantly personalize your account with the Service. The information that SetBreak may access, collect and store may include the following, among other information, as allowed by you, by the third party API (for example, Facebook’s API):

  • Your name
  • Your profile picture
  • Your email address
  • Your gender
  • Your birthday
  • Your location
  • The names and pictures of your friends, followers, persons you follow, pages you like, or other connections on such third party site.
  • Your interests and affinity networks.
  • Other information you make publicly available on such third party site.

III. Cookies and Similar Technology

Like many services, we use cookies. Cookies are a service or website’s way of remembering who you are. A cookie is a small text file that is stored on your device’s hard drive or stored temporarily in your device’s memory. There are two kinds of cookies: those that are "session" oriented and those that are "persistent." Session cookies delete from your device when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify Listeners and to optimize their experience on our Service. We may also use cookies in order to deliver targeted advertising. We may use both first and third party cookies. First party cookies belong to us and third party cookies are ones that another party places on your device. Third party cookies may be used by companies providing a service to us or by business partners in order to advertise to you. By using your device or web browser’s settings, or both, you may modify your cookie settings. Please note, when you disable cookies you may not be able to access certain parts of the Service or the Service may not work properly.

To learn more about how advertisers generally use cookies and the choices advertisers provide, visit:
(a) The Network Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp
(b) The Digital Advertising Alliance at http://www.aboutads.info/
(c) The Internet Advertising Bureau (US) at http://www.iab.net/

III. How Does SetBreak Use the Personal Information We Collect?

Personal Information about our Listeners is an integral part of our business. SetBreak uses the Personal Information that we collect about you for the following purposes:

(a) Your email address and password are used to identify you when you log into the Service.

(b) Any additional information you provide to us as a part of your public profile will be published on your profile page and will be accessible by other Listeners, who may view your profile information, or otherwise interact with you via the Service’s features.

(c) Your name, address, and payment verification and billing information will be used to process subscriptions, and other purchases (including, but not limited to, downloads and monetary donations), and to collect your payment. All payment verification information is transmitted using industry-standard encryption. For more information about the how payment collection is processed, please see the Subscription and Billing section of the SetBreak Terms of Use. (provide link).

(d) Your email address will be used to send you service updates and notifications regarding your account, newsletters, marketing communications, billing and subscriptions, and certain email notifications. For information on how to change your preferences, and to unsubscribe from various SetBreak communications, please see the Access, Choice and Control section below.

Your Personal Information is also used for the following general purposes:

(a) To operate and maintain your SetBreak subscriber account, and to provide you with access to the Service that you may request from time to time;

(b) To identify you as the creator of the content you upload, including, but not limited to comments, and other contributions that you make to the Service;

(c) To seek your participation in Promotions, and to conduct and analyze the results of those Promotions if you choose to participate;

(d) To provide you with technical support;

(e) To respond to you about any comment or inquiry you have submitted;

(f) To customize your use of the Service and/or content of any email or other material we may send you from time to time;

(g) To conduct research and analysis, and to improve our marketing efforts;

(h) To display content based upon your location and/or interests, to provide push notifications based on your interest (to which you may opt out at any time) and to provide location services such as "tagging" and "check-in";

(i) To prevent or take action against activities that are, or may be, in breach of our Terms of Use or applicable law; and

(j) For other purposes, provided that we disclose this to you at a relevant time.

V. How Does SetBreak Share Your Personal Information?

Unless listed in this Privacy Policy, SetBreak only uses Personal Information in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often Listeners use parts of the Service so that we can make the Service appealing to as many Listeners as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners, our advertisers, and other third parties about how our Listeners collectively use our Service. We share this type of statistical data so that the aforementioned parties may also understand how often people use their services and our Service, so that they, too, may provide you with an optimal experience. SetBreak never discloses aggregate information in a manner that would reveal your email address or contact information, or in a manner that would identify you individually, either online or in real life.

There are circumstances where we need to share some of the personal information we collect about you or which you provide to us:

(a) We will disclose your Personal Information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your Personal Information or at another time prior to disclosure of the information.

(b) To provide data and analytics to artists and entities that have radio stations on SetBreak’s Service, provided that such data may not be disclosed to any particular station without your permission and they cannot contact you without your permission.

(c) We will disclose your Personal Information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.

(d) We may disclose your Personal Information if we feel it is necessary in order to protect or defend our legitimate rights, property, and interests, or those of our Listeners, employees, directors, shareholders, or any other third party, and/or to ensure the safety and security of the Service and/or the SetBreak community.

(e) We may transfer your Personal Information to any person or company that acquires all or substantially all of SetBreak, or on a merger of our business or in the case of our insolvency. You acknowledge that such transfers may occur, and that any transferee may continue to use your Personal Information as set forth in this Privacy Policy.

If you choose to connect your SetBreak profile to other apps or social networks, you will be sharing certain information with those apps or networks. SetBreak is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust.

VII. Security

Your SetBreak account Personal Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account and the Service.

SetBreak endeavors to protect Listener account information to ensure that account information is kept private, however, SetBreak cannot guarantee the security of Listener account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

The Service may contain links to other sites. SetBreak is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy state on that site. This Privacy Policy only governs information collected on the Website.

VIII. Access, Choice and Control

You can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Service. You are able to add or update certain information in your account settings, as well as on your public profile. When you update your information, however, we often maintain a copy of the unrevised information in our records. You can unsubscribe from email newsletters and notifications (other than essential email notifications) at any time by clicking on the link at the end of each email.

If you wish to access, amend or delete any other personal information we hold about you, or if you have any objection to the processing of any information that we hold about you, please contact us at _______________.

IX. Deleting Your Account

You may terminate this Agreement at any time by sending notice in writing to SetBreak confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Service. Simply deleting the Service from your mobile device will not effectively terminate your account. If you ask us to delete your account, we will do so within a reasonable period of time.

Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by SetBreak, except to the extent that we are obliged or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as SetBreak assumes no liability for any material that is irretrievably deleted following any termination of your account.

Even if you delete your SetBreak account, it is possible that your information may still show up in some internet search results for a short while afterwards, if the search engine maintains a temporary cache of web pages. Search engines' caching processes are outside of SetBreak’s control and therefore we cannot be responsible for any information that remains cached by search engines after that information has been removed from the Service. Please note that deleting any SetBreak apps or third party apps to which your SetBreak account is connected, will not delete your SetBreak account, nor will it delete all data from within that third party app. You will need to refer to the app provider’s terms of use and privacy policy to find out how to delete your data from that third party app.

X. Changes and Updates to this Privacy Policy

We may occasionally update this Privacy Policy, and when we do so, we will also revise the Effective Date set out below. Any changes to our Privacy Policy will always be available here so that SetBreak Listeners are always aware of what information we gather, and how we might use and share that information. Please be sure to check back here from time to time to ensure that you are aware of any changes to this Privacy Policy. Any material changes to this Privacy Policy will be communicated to Listeners by a notification to their account and/or by posting a notice of the change on the Website.

XI. Notice to California Residents/Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2016 will receive information about 2015 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide Personal Information to us or send an e-mail to (insert email contact). You must include this website as the subject line, and your full name, e-mail address, and postal address in your message.

XII. Questions or Concerns

If you have any questions or concerns regarding privacy at SetBreak, please send us a detailed message to ______________We will make every effort to resolve your concerns.

If you decide that you do not want us to use your personal information in the manner described in the Privacy Policy, please do not use the Service. If you have already registered an account, you can find out how to terminate or cancel your account in the Deleting Your Account section above.


Effective Date: November 16, 2016.