mYusic, Inc.
PRIVACY
POLICY
Last Updated March 23, 2011
This Privacy Policy serves to notify
you of the following:
WHAT
INFORMATION ABOUT ME IS COLLECTED?
This Privacy Policy informs you of the policies of
mYusic, Inc. ("mYusic," "we" or "us" or "our") regarding information
that we receive from users of our website or other services we may make
available from time to time (together with associated and successor websites
and services, the "Site") and from users who access the mYusic service
through various social networking sites (collectively, with the Site, the
"Services"). This Privacy Policy applies
only to information that you provide to us (or permit social networking sites
to provide to us) through the Services. There are two types of information that we collect: personally
identifiable information and non-personally identifiable information.
Personally
Identifiable Information
Personally identifiable information is information that
identifies you or can be used to identify or contact you. Such information may
include your name, address, email address, telephone number, birth date
(primarily for eligibility purposes) and billing and credit card information.
Non-Personally
Identifiable Information
Non-personally identifiable information is information
that by itself (in whole or in part) cannot be used to identify or contact you,
such as demographic information (like age, profession, current location, zipcode, birthday, year of birth, or gender). Non-personally
identifiable information may also include saved music collections (called
"stations" within the mYusic app), user IP addresses, browser types, domain
names, and other statistical data involving the use of the Services.
WHERE
We will collect personally
identifiable information from you only if you voluntarily submit the
information to us. We may also receive personally identifiable information
about you from third parties providing credit and debit card authorization and
fraud screening services as part of your use of the Services and from social
networking sites through which you access the Services.
Registering to Use the Services
and in the Course of Using the Services.
You may be required to establish an
account in order to take advantage of certain features of the Services. If so,
if you wish to establish an account you will be required to provide us with
information (including personally identifiable information) such as name,
postal address, email address and credit card and billing information. We may
also receive personally identifiable information about you from third parties
providing credit and debit card authorization and fraud screening services as
part of the registration process and from social networking sites through which
you access the Services. In addition, we may obtain your personally
identifiable information from you if you identify yourself to us by sending us
an email with questions or comments.
Cookies
and Action Tags.
We collect non-personally identifiable information
passively using "cookies" and "action tags."
"Cookies" are small text files that
are placed on your computer in order to identify your Web browser and the
activities of your computer on the Site and other websites and through use of
the Services. Cookies are used to personalize your experience on the Services
(such as dynamically generating content on webpages
specifically designed for you), to assist you in using the Services (such as
saving time by not having to reenter your name upon each time you use the
Services), and to allow us to statistically monitor how you are using the Services
to help us improve our online offerings. We also may use cookies to target
certain advertisements to your browser which may be of interest to you or to
determine the popularity of certain content.
In addition to cookies that we place
on your computer, cookies may also be placed on your computer by third parties
that we use to display or serve advertisements or to collect non-personally
identifiable information in order to provide advertising-related services. In
the course of serving advertisements to users of the Services and/or on the
Site, our third-party advertisers may place or recognize unique cookies on your
browser.
You do not have to accept cookies to
use the Services. Although most browsers are initially set to accept cookies,
you may reset your browser to notify you when you receive a cookie or to reject
cookies generally. Most browsers offer instructions on how to do so in the
"Help" section of the toolbar. While you are not required to accept
our cookies to access the Services, if you reject cookies, certain products,
offerings, features, or resources of the Services may not work properly and you
may experience some loss of convenience.
"Action tags," also known as
web beacons or gif tags, are a web technology used to help track website usage
information, such as how many times a specific page has been viewed. Action
tags are invisible to you, and any portion of the Services, including
advertisements, or email sent on our behalf, may contain action tags.
By using cookies and action tags
together, we are able to gain valuable information to improve the Services and
measure the effectiveness of our advertising and marketing campaigns. We do not
disclose any of your personally identifiable information to our advertising
partners.
Finally, you should be aware that
advertisers and other third parties may also use their own cookies or action
tags when you click on their advertisement or link to their websites or
services on or from the Services. This Privacy Policy does not govern the use
by such third-party websites or services or providers of third-party advertising.
Log Files.
We also collect non-personally identifiable information
through our Internet log files, which record data such as user IP addresses,
browser types, domain names, and other anonymous statistical data involving the
use of the Services. This information may be used to analyze trends, to
administer the Services, to monitor the use of the Services, and to gather
general demographic information. We may link this information to personally
identifiable information for these and other purposes such as personalizing
your experience on the Services and evaluating the Services in general.
DOES
MYUSIC COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF
We are committed to protecting the privacy of children.
The Services are not designed for or directed to children under the age of 13.
We do not collect personally identifiable information from any person we
actually know is under the age of 13.
WHAT
DOES MYUSIC DO WITH THE INFORMATION IT COLLECTS?
In general, we use the information collected through the
Services to provide the Services to you and process your transactions, to help
us understand who uses the Services, for internal operations such as to improve
the Services, to contact you for customer service and billing purposes, and to
facilitate the delivery of advertising.
We may use your information to send
you a welcoming email that may confirm your user name and password. If you
"opt-in," we may send you electronic newsletters, contact you about the Services,
products, other services, information and news that may be of interest to you (such
as songs that have become recently available), and provide you with targeted
feedback. If you no longer desire to receive these communications, we will
provide you with the option to change your preferences. In addition, if you
identify yourself to us by sending us an email with questions or comments, we
may use your information (including personally identifiable information) to
respond to your questions or comments, and we may file your questions or
comments for future reference. We may also use the information collected to
send you important service announcements and updates regarding the Services or,
if applicable, about your billing account status. You
will not be able to unsubscribe from these service announcements and updates as
they contain important information relevant to your use of the Services.
We may also use the information
gathered through use of the Services to perform statistical analysis of user
behavior or to evaluate and improve the Services. We may link some of this
information to personally identifiable information for internal purposes only
or to improve your experience with the Services.
All information collected may be used or
shared by mYusic as described in this Privacy Policy on a worldwide basis.
WHAT INFORMATION DOES MYUSIC SHARE WITH MY FRIENDS?
If
you connect your mYusic account with a social networking site, or access mYusic
via a social networking site such as facebook, mYusic
provides you the ability to share music collections (called "stations") with your
friends. mYusic also allows any social
networking site user (e.g. facebook user) that is a
user of mYusic to see what stations have been saved by any of their friends and
to then "tune in" if they so desire.
WHEN
DOES MYUSIC DISCLOSE INFORMATION TO THIRD PARTIES?
Except as set forth in this Privacy Policy or as
specifically authorized by you, we will not disclose any information we gather
from you through the Services.
Laws
and Legal Rights.
We may disclose your information (including
personally identifiable information) if we believe in good faith that we are
required to do so in order to comply with an applicable statute, regulation,
rule or law, a subpoena, a search warrant, a court or regulatory order, or
other valid legal process. We may disclose personally identifiable information
in special circumstances when we have reason to believe that disclosing this
information is necessary to identify, contact or bring legal action against
someone who may be violating the Terms of Use
for our Services, to detect fraud, for assistance with a delinquent account, or
to protect the safety and/or security of our users, the Services or the general
public.
Third Parties Generally.
We may provide to third parties non-personally
identifiable information (as defined above) about you, including where such
information is combined with similar information of other users of the Services.
For example, we might inform third parties regarding the number of unique users
who visit the Site, the demographic breakdown of our registered users of the
Services, or the products and/or services purchased using the Services and the
vendors of such products and services. The third parties to which we may
provide this information may include potential or actual advertisers, providers
of advertising products or services (including vendors and website tracking
services), merchants, affiliates and other actual or potential commercial
partners, sponsors, licensees, researchers and other similar parties.
Outside
Contractors.
We may employ independent contractors, vendors and
suppliers (collectively, "Outside Contractors") to provide specific
services and products related to the Services, such as hosting and maintaining the
Services, providing credit card processing and fraud screening, and developing
applications for the Services and e-mail services. In the course of providing
products or services to us, these Outside Contractors may sometimes have
limited access to information collected through the Services, including your
personally identifiable information. We require that these contractors
(1) protect the privacy of your personally identifiable information
consistent with this Privacy Policy, and (2) not use or disclose your
personally identifiable information for any purpose other than providing us
with the products or services for which we contracted.
Third
Party Sellers.
In addition, through the Services, you may be given the
opportunity to purchase (or to obtain more information regarding) certain
content, products or services that are sold by parties other than us
(collectively, "Merchants"). Merchants may request that you submit
certain information to them in order to purchase their products or services or
to obtain additional information from them. By submitting the requested
information, you affirmatively consent to have that information shared with the
Merchant. This information is used by the Merchant and may be subject to a
different privacy policy. We are not responsible for the privacy practices of
Merchants. We encourage you to be aware when the Services link to Merchants' websites
and to read the privacy policies or statements of each and every Merchant website.
This Privacy Policy applies solely to information collected through the
Services.
We reserve the right to transfer information to a third
party in the event of a sale, merger or other transfer of all or substantially
all of the assets of the mYusic, provided that the third party agrees to adhere
to the terms of this Privacy Policy.
Affiliates.
We may disclose information (including personally
identifiable information) about you to our Corporate Affiliates. For purposes
of this Privacy Policy, "Corporate Affiliate" means any person or
entity which directly or indirectly controls, is controlled by or is under
common control with mYusic, whether by ownership or otherwise. Any information
relating to you that we provide to our Corporate Affiliates will be treated by
those Corporate Affiliates in accordance with the terms of this Privacy Policy.
DOES
THIS PRIVACY POLICY APPLY WHEN I
Our Site and our provision of the Services contains links to other websites not owned or operated by mYusic,
Inc. For
example, if you "click" on a banner advertisement, you will likely be
taken off the Site. However, please be aware that we are not responsible for
the privacy practices of such websites. We encourage you to be aware when the
Site links to other websites and to read the privacy policies or statements of
each and every website. This Privacy Policy applies solely to information
collected through use of the Services.
IS
THE INFORMATION COLLECTED THROUGH ACCESS TO THE SERVICES SECURE?
We want your information (including
personally identifiable information) to remain as secure as possible. We strive
to provide secure transmission of your information from your computer to our
servers through industry-standard techniques.
Notwithstanding the above commitments
to protect your information (including personally identifiable information)
from loss, misuse or alteration by third parties, you should be aware that
there is always some risk involved in transmitting information over the
Internet. There is also some risk that others could find a way to thwart our
security systems. As a result, while we strive to protect your information, we
cannot ensure or warrant the security or privacy of any information you
transmit to us, and you do so at your own risk.
WHAT
CHOICES DO I HAVE REGARDING THE COLLECTION, DISCLOSURE
Except as otherwise described in this
Privacy Policy, we will only use personally identifiable information for the
purposes described above or as otherwise disclosed at the time we request such
information from you. You must "opt-in" and give us permission to use
your personally identifiable information for any other purpose. For example, we
may have an "opt-in" mechanism so that those who become registered
users of the Services must give us permission to send them
marketing materials and our electronic newsletter. You may also change your
preference and "opt-out" of receiving such communications by changing
that option in the Email Preferences
feature of the Services, following the directions provided in association with
the communication, or by contacting info@myusic.com
CAN
I UPDATE OR CORRECT MY PERSONALLY IDENTIFIABLE INFORMATION?
You have the right to request the
restriction of certain uses and disclosures of personally identifiable
information as follows. You can contact us in order to (1) update or
correct your personally identifiable information, (2) change your
preferences with respect to communications and other information you receive
from us, or (3) delete the personally identifiable information maintained
about you on our systems (subject to the following paragraph), by accessing Request Account Removalor contacting info@myusic.com.
Such updates, corrections, changes and deletions will not have an effect on other
information that we maintain, or information that we have provided to
third-parties in accordance with this Privacy Policy prior to such update,
correction, change or deletion.
You should be aware that it is not
technologically possible to remove each and every record of the information you
have provided to us from our system. The need to back-up our systems to protect
information from inadvertent loss means that a copy of your personally
identifiable information may exist in a non-erasable form that will be
difficult or impossible for us to locate. We promise that promptly after
receiving your request, all personally identifiable information stored in
databases we actively use and other readily searchable media will be updated,
corrected, changed or deleted, as appropriate, as soon as and to the extent reasonably
practicable.
HOW
WILL I KNOW IF THERE
You should be aware that we may revise this Privacy
Policy at any time, but we will not make changes that result in additional uses
or disclosures of your personally identifiable information without allowing you
to "Opt In" to such changes. We may also make non-significant changes to this
Privacy Policy that generally will not affect our use of your personally
identifiable information. We encourage you to check
this page periodically for any changes. Your continued use of the Services
following the posting of changes to this Privacy Policy will mean you accept
those changes.
WHO
DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?
If you have any questions or comments
about this Privacy Policy or feel that we are not abiding by the terms of this
Privacy Policy, please contact our Privacy Agent in any of the following ways:
By email:
info@myusic.com
By postal mail or courier:
Attn: Privacy Agent
mYusic, Inc.
Norwalk, CT-06851
BY USING THE SERVICES, YOU SIGNIFY
YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY
POLICY, YOU SHOULD NOT USE THE SERVICES. YOUR CONTINUED USE OF THE SERVICES FOLLOWING
THE POSTING OF CHANGES TO THIS PRIVACY POLICY THAT DO NOT AFFECT THE USE OR
DISCLOSURE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION WILL MEAN THAT YOU
ACCEPT THOSE CHANGES.