KGNC FM User Agreement and Privacy Policy
User Agreement
These are the terms and conditions governing your use of the website of KGNC FM (hereinafter referred to as "the Site") and the general principles for the websites of our subsidiaries and international affiliates and constitutes your binding obligations towards KGNC FM (hereinafter referred to as KGNC FM) ("User Agreement "). This Agreement is effective upon acceptance in registration for new registering users, KGNC FM may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and KGNC FM. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and KGNC FM's Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of KGNC FM. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a KGNC FM user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and international affiliates will be governed by the User Agreement and Privacy Policy posted on those websites.
1. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase or bid for any items on the Site. If you wish to purchase or sell an item on the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Site, the sale or purchase of which to/by minors is strictly prohibited. KGNC FM reserves the right to terminate your membership and refuse to provide you with access to the Site if KGNC FM discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by KGNC FM. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password.
You agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by KGNC FM's registration form (such information being the "Registration Data") (b) You must not include any of your contact details such as email addresses etc in your username; and (c) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or KGNC FM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, KGNC FM has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
3. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Fees and Services
Membership on the Site is free. KGNC FM does not charge any fee for browsing, bidding and buying on the Site. KGNC FM may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event KGNC FM reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site.
You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, etc. levied thereon. KGNC FM reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to KGNC FM. KGNC FM also reserves the right to take legal action in case of non-payment of fees by you to KGNC FM.
5. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
(a) "Your Information" is defined as any information you provide to us or other users of the Site ("Users") in the registration, bidding, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
(b) Your Information (or any items listed):
(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
(iv) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, KGNC FM does not permit transactions in the following items:
"Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
- Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 ).
- Weapons of any description.
- Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
- Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
- "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act").
- Used cellular phone SIM Cards. (v) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(v) shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(vi) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(vii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(viii) shall not link directly or indirectly to or include descriptions of items, goods or services that:
- are prohibited under the User Agreement or any other applicable law for the time being in force;
- are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
- are concurrently listed for sale on a web site other than the Site; or
- you do not have a right to link to or include.
(c) Solely to enable KGNC FM to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. KGNC FM will only use Your Information in accordance with the User Agreement and KGNC FM's Privacy Policy.
(d) You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Site. You shall have complete right, title and authority to deal in and offer for sale such items, goods or products.
(e) In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform KGNC FM of the same. You may contact KGNC FM at
support@broadcastbid.com
(f) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Site.
(g) You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Site qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and shall ensure that it is not delivered to any Winning bidder/buyer (as defined under the Bidding and Buying section) at any place outside the United States.
(h) From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
(i) You will not disclose your contact details like Phone number, address, emailing address in bidding, buying or listing process, or anywhere on the Site including the feedback area, discussion forum or through any e-mail feature to bypass KGNC FM.
(j) You may find potential adult material/mature audience items being displayed on the site. Such material or items are to be viewed/sold/bought/bid on by adults aged 18 years or older only. If you are not 18 years of age you cannot view/sell/buy/bid on such material/items. If you do not qualify, please do not use the Site.
If you choose to view /sell/ buy / bid on mature audience items or items that are restricted to adult use, you are certifying that:
(a) you have the legal right to view / sell/ buy / bid on such items;
(b) you are not offended by the adult content/item;
(c) it is your decision to view / sell/ buy / bid on the adult content/item on the Site; and
(d) such items/content are being viewed/sold/bought/bid on by yourself only and you are not allowing underage minors to view / sell/ buy / bid on such items/content from your computer.
(k) You certify that you will not sell, list or display any mature audience items or items that are restricted to adult use on the Site, without following the procedure prescribed by KGNC FM for selling, listing or displaying such items on the Site. You acknowledge that KGNC FM will not be responsible for any liability arising from your default in complying with the provisions of this clause. Please review our Mature Audiences Policy for further information.
6. Platform for Communication
The Site is only a venue where Users may meet and interact with one another for their transactions. KGNC FM is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
(a) KGNC FM is not responsible for any non-performance or breach of any contract entered into between Users. KGNC FM cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. KGNC FM shall not and is not required to mediate or resolve any dispute or disagreement between Users.
(b) KGNC FM does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Site. In particular, KGNC FM does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Site. KGNC FM accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) KGNC FM does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
(d) The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. KGNC FM is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with KGNC FM nor shall KGNC FM have any obligations or liabilities in respect of such contract. KGNC FM is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
(e) You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.
(f) You release and indemnify KGNC FM and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, KGNC FM cannot control the information provided by other Users which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
7. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available
here. If you object to your Information being transferred or used in this way please do not use the Site.
8. Breach
Without limiting other remedies, KGNC FM may limit your activity, immediately remove your bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
(a) If you breach the User Agreement or the documents it incorporates by reference;
(b) If KGNC FM is unable to verify or authenticate any information you provide; or
(c) If it is believed that your actions may cause legal liability for you, other Users or KGNC FM.
KGNC FM may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with KGNC FM or use the Site in any manner whatsoever until such time that such User is reinstated by KGNC FM. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, KGNC FM reserves the right to recover any amounts due and owing by you to KGNC FM and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
9. Bidding and Buying
All bids (under the Auction format) and all purchases (under the Buy It Now format) on the Site are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller.
An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Site may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.
KGNC FM strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by KGNC FM.
As a Winning buyer you must contact the seller within 72 hours of auction closing successfully.
In the event of Dual Winning Buyers displayed online for a Single Auction, the User who has received the Winning Email will be the rightful Winning buyer and beyond that there is no liability.
Please be aware that even if you do not give KGNC FM your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
As buyers on the Site we encourage you to post feedback on the seller after the auction is closed.
In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Site you agree that the Artwork shall not be exported out of United States or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
10. Priority in Bidding
In order to qualify and be identified as a successful bid, the following priority parameters will be followed:
(a) Price: The higher price bids always supersedes the lower price bids;
(b) Quantity: Between bids of the same price, the bid for the higher quantity shall supersede;
(c) Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede. KGNC FM's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.
11. Auction Close
An auction will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted. Notwithstanding the foregoing, a reserve auction will be considered as successfully closed if at least one bid above the Reserve Price is received prior to the Auction End Date.
Immediately after any auction is successfully closed an e-mail is sent to the Winning bidder. Please note that the contact information that will be sent out will be the information that is provided by the Users in their Registration Data on KGNC FM.
12. Feedback
We encourage buyers and sellers on the Site to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. KGNC FM will not be responsible for the feedback that you post on the Site and you should be careful about making comments that are not factual in nature.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, KGNC FM reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Site.
Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by KGNC FM, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your KGNC FM feedback rating in any venue other than on the Site.
Import - We do not provide the technical ability to allow you to import feedback from other websites to KGNC FM because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
13. No Warranty
KGNC FM and its suppliers provide the Site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.
14. Limitation of Liability
In no event shall KGNC FM or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence).
KGNC FM's liability in any circumstance is limited to the amount of fees, if any, paid by you to KGNC FM. KGNC FM, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, KGNC FM assumes no liability whatsoever for any monetary or other damage suffered by you on account of
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or (ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that KGNC FM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KGNC FM has been advised of the possibility of such damages).
15. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and KGNC FM and you shall have no authority to bind KGNC FM in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
17. Arbitration
If any dispute arises between you and KGNC FM during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by KGNC FM. The place of arbitration shall be Orlando, Florida.
18. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of The United States of America.
KGNC FM Privacy Policy
Your privacy is very important to us. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read this privacy policy to learn more about the ways in which we use and protect your personal information.
The privacy practices of this statement apply to our services available under the domain and subdomains of www.KGNC FM.in KGNC FM(the "Site") and apply generally to our parent, affiliates, subsidiaries or joint venture websites whose specific privacy policies are available from our Privacy Central pages. By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site.
This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about KGNC FMs practices so that you can make informed decisions. Our parent, subsidiaries and joint ventures operate under similar privacy practices as described in this Privacy Policy and, subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global KGNC FM trading community.
By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the User Agreement. This Privacy Policy is effective upon acceptance in registration for new registering users, and is otherwise effective on February 7, 2005 for all users.
1. Your Privacy - Our Commitment
At KGNC FM, we are extremely proud of our commitment to protect your privacy. We value your trust in us. We will work hard to earn your confidence so that you can enthusiastically use our services and recommend us to friends and family. Please read the following policy to understand how your personal information will be treated as you make full use of our Site.
2. KGNC FM Privacy Guarantee
KGNC FM promises that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. . From time to time we may reveal general statistical information about our Web site and visitors, such as number of visitors, number and type of goods and services purchased, etc. Your trust and confidence are our highest priority.
3. Information we collect
When you use our Site, we collect and store your personal information from you. Our primary goal in doing so is to provide a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Site to make your experience safer and easier. Importantly, we only collect personal information about you that we consider necessary for achieving this purpose.
In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. To fully use our Site, you will need to register using our online registration form, where you may be required to provide us with your contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Site. You may provide us with a KGNC FM ID.
We may automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), your computer browser information, and your IP address.
We use data collection devices such as "cookies" on certain pages of the Site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.
Additionally, you may encounter "cookies" or other similar devices on certain pages of the Site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties.
If you choose to bid, buy or sell on the Site, we collect information about your bidding, buying and selling behavior. We also collect other users' comments about you in our feedback area.
If you establish a credit account with us to pay the fees we charge, we collect some additional information, such as a billing address, a credit card number and a credit card expiration date and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback for other users, we will collect that information you provide to us. We retain this information.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
If you register for the Site on another web site or use a web site providing a service for KGNC FM or a web site that helps facilitate your activity on the Site, that web site may provide personal information about you and your transactions back to us.
4. Our use of your information
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in the services provided by us, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
If you choose to list an item for sale on the Site or open a credit account, or otherwise provide us with your financial information, we use your address and billing information to bill you and provide associated support.
You agree that we may use personal information about you to improve our marketing and promotional efforts, to analyze site usage, improve the Site's content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile. You may make changes to your profile at any time.
5. Our Disclosure of your information
We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as new services and promotions. The following are examples of some categories of persons to whom we would share your information with from time-to-time.
1. Advertisements
a. Where a user enters information on any form of an advertiser, the information is simultaneously collected by KGNC FM and the advertiser. The information is used by KGNC FM in accordance with the terms of this privacy policy and is used by the advertiser as per the advertisers prevalent privacy policies. Because we do not control the privacy practices of these advertisers, you should evaluate their practices before deciding to provide the said information.
b. KGNC FM may also aggregate (gather up data across all user accounts) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes.
2. Classifieds Listings
a. When a user lists a classifieds advertisement, and the advertisement receives an expression of interest by the interested user, the interested user will be provided the contact information of the user listing the advertisement as provided in that user's registration form.
b. When a user expresses an interest in a classifieds advertisement, the user who has listed the advertisement will be provided the contact information of the interested user as provided in the interested user's registration form.
3. Items and Services offered on the Site by third parties
There are certain items and services for which third parties request for information before the item/service is listed on the Site (example: application for homeloan auctions). The information provided by the user for such purposes is simultaneously collected by KGNC FM and the respective third party. This information is utilised by the third party in accordance with its privacy policy and the terms of the offer. Because we do not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services.
4. Internal Service Providers.
We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you on the Site (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of your personal information directly to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced Site related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you (such as for Site surveys or for a co-branded credit card). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy.
5. Other Corporate Entities.
We share much of our data, including personal information about you, with our parent, affiliates, subsidiaries, and joint ventures that are committed to serving your online trading needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. Our parent, affiliates, subsidiaries, and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. KGNC FM, its parent, affiliates, subsidiaries, its joint ventures, or any combination of such, will share some or all of your personal information with another business entity should we plan to, merge with, or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information.
6. Legal Requests.
We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, UserID history, fraud complaints, and bidding and listing history without a subpoena. Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss; or report suspected illegal activity. Further, we can (and you authorize us to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.
6. Your use of other users' information
In order to facilitate interaction among all KGNC FM community members, our Site allows you to access other users' contact information. Further, as a seller you will be sent via email the KGNC FM ID, email address and other information of the winning bidder(s), and as a winning bidder you will be sent via email the KGNC FM ID, email address and other information of the seller. By entering into our User Agreement, you agree that, with respect to other user's personally identifiable information that you obtain through the Site or through a KGNC FM.com-related communication or KGNC FM-facilitated transaction, KGNC FM hereby grants to you a license to use such information only for:
(a) KGNC FM-related communications that are not unsolicited commercial messages,
(b) using co-branded services offered through KGNC FM
(e.g. insurance, shipping and fraud complaints), and
(c) any other purpose that such user expressly opts into after adequate disclosure of the purpose(s).In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them.
In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.
KGNC FM and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a KGNC FM user-even a user who has purchased an item from you-to your mail list (email or physical mail) without their express consent after adequate disclosure.
7. What about children's privacy?
Children are not eligible to use our Site and we ask that minors (under the age of 18) do not submit any personal information to us. If you are under the age of 18, you cannot sell, purchase or bid for any items on the Site. If you wish to purchase or sell an item on the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Site, the sale or purchase of which to/by minors is strictly prohibited.
8. Access or change your personally identifiable information
To protect your privacy and security, we will verify your identity before granting access or making changes to your personally-identifying information. If you have registered your profile on KGNC FM, your KGNC FM ID and Password are required in order to access your profile information.
9. Security
When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies..
10. Your Consent
By using the Site, you consent to the collection and use of the information you disclose on the Site by KGNC FM. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to our privacy policy will be communicated through our Web site at least 10 days in advance of implementation
11. Tell us what you think
At KGNC FM, we welcome your questions and comments regarding our privacy policy.