Last updated and effective as of July 12, 2016
*EFFECTIVE SEPTEMBER 10, 2015, EMUSIC.COM, INC. IS A WHOLLY OWNED SUBSIDIARY OF TRIPLAY, INC. THEREFORE, ALL USER DETAILS AND INFORMATION ARE NOW OWNED BY TRIPLAY, INC.
eMusic.com Inc. (“eMusic, we, our, us”) is focused on providing its end users (“End User”, “you”, “your”) with innovative online music (eMusic.com) and audiobook (eStories.com) services. Furthermore, we are committed to transparency regarding how we collect, use, and maintain information from and about you.
- The types of information we collect from you and how that information is collected:
- How we use such information;
- The circumstances under which we disclose such information to others;
- The choices you have regarding our use of, and your ability to modify, such information; and
- The mechanisms we have implemented that are designed to protect your personally identifiable information.
INFORMATION WE COLLECT
We collect information about you when you visit and use our web site, software applications (including mobile), and services (collectively, the “Site”) and, particularly, when you enter or input information in connection with your use of the Site. However, you can visit the Site and learn about eMusic, our related products and services, and find out how to contact us without giving us information that may be considered to be personally identifiable. We may also engage third party service providers who may collect information from you when you visit and use our website. Such third party services may include payment processing, data analysis, IT services and infrastructure, customer service, email delivery, marketing and advertising, and other similar services.
In addition to PII, we also collect Other Information (“OI”) from you that, on its own, does not identify a specific individual. OI includes but is not limited to the files and content you upload to your cloud, your location, the URL that you just came from (whether this URL is on the Site or not), the URL you next go to (whether this URL is on the Site or not), your computer/mobile browser information, your IP address, the type of mobile device you use, your mobile device’s unique ID, and information about the way you use the Site.
We automatically track certain Other Information based upon your use of the Site and your use of our products. We use this information on an aggregated basis for various reasons, such as research on our users’ demographics, interests, and preferences, to improve the Site and user experience, and to offer you new or improved products, services and promotions.
If you choose to leave feedback regarding content, or provide any other public content , we will collect this information at the time that you provide it to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems, and as otherwise permitted by law.
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 and store such information into a file specific to you.
We may use third party advertising companies to serve advertisements when you visit the Site. These companies may collect Other Information regarding your use of the Site to provide advertisements about goods and services that may be of interest to you.
We and our third party service providers may collect information from you, from a particular computer or device, to predict your preferences or interests, and deliver ads to said computer or device based upon your preferences and interests. The information collected includes, but is not limited to, your web viewing behavior over time, as well as your web viewing behavior across nonaffiliated websites.
We use data collection devices such as “cookies” (small text files placed on your computer’s hard drive when you visit a web site) to assist us in providing our services. Cookies make using the Site easier by, among other things, saving your passwords and preferences for you, helping identify you when you return to our Site, and reducing the number of times you are required to enter your password during a session. Cookies can also help us provide information that is targeted toward your interests and preferences. Third party service providers may also place or recognize a unique cookie in your browser when serving advertisements to the Site. If you would like more information about this practice and to know your choices with respect to it, please click here.
OUR USE OF YOUR INFORMATION
We will use your PII and/or OI for our business purposes, including the following instances
- provide to you the Site, our products and our services;
- update you about new products or services;
- send you information regarding your purchases as well as changes to our services, terms, conditions, or policies (which you may not opt out of receiving);
- send you information regarding products, services, special deals, promotions or information which we think may interest you (which you may opt out of receiving);
- improve our Site, products, and services
- analyze Site usage and perform market research.
If your location settings on your device are turned on, we may collect your device’s geolocation data and save your device’s coordinates to offer certain features and content to you. You can control your device’s location settings on your device, and it is in your discretion whether you share your geolocation data. If you decide not to share this data, we may still be able to access your country, state, and city via your IP address.
eMusic does not rent or sell End User email addresses to third parties.
OUR DISCLOSURE OF YOUR INFORMATION
We may make your information available to others:
- Who provide information, products, goods or services that you have requested via the Site;
- When we have retained companies to work with or on behalf of eMusic to facilitate our operations and the products and services we provide to you (such companies are contractually obligated to maintain the confidentiality of your information and are restricted from using it in any way not expressly authorized by eMusic);
- Who are users of the Site, solely to the extent you choose to make such information publicly available by posting it to your profile, via our message boards, in content reviews and ratings, or via other eMusic community services;
- When we are legally compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders, or legal process);
- Who are parent companies, affiliates, subsidiaries or joint ventures;
- When you use co-branded services, in which case you are giving us permission to share information (but not credit card information) you provide in the context of our co-branding and marketing relationship, with our co-branding partner(s). Use of such information by co-branding partners is subject to their own respective privacy policies;
- Who are trusted third parties (e.g., promotional partners and advertisers) so that they can promote their products and services and those of their affiliates and partners based on your preferences and interests. You may “opt out” of such disclosure(s) to the extent they include your personally identifiable information by sending an email at any time to firstname.lastname@example.org indicating your intent. If you do not opt out and we share your personally identifiable information (but not emails) with such trusted third parties, their use of such information is subject to their own privacy policies; and/or
- In the event of a bankruptcy, or a merger, acquisition, joint venture or other business combination involving us.
OUR RESPONSE TO DO NOT TRACK MECHANISMS
SAFEGUARDING YOUR PII
eMusic uses industry-standard security precautions, including physical, electronic, and administrative procedures, designed to safeguard and help prevent unauthorized access to, disclosure of, and use of your PII. For example, when you provide credit or debit card information through the Site, we use secure socket layer (“SSL”) encryption to protect that data.
However, although we use such precautions to protect your information, we cannot guarantee complete security because no computer, system, or exchange of data via the Internet is 100% secure from intrusion. You acknowledge and agree that you provide your PII to us at your own risk.
Please help protect the security of your information by taking measures such as installing the latest computer security updates, using anti-virus software, keeping your password private, and signing out of your account when you are finished with a session, especially when using a public or shared computer.
REVIEWING/CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION & OPTING OUT
You can access, review, update, and correct PII you have provided to us by clicking on the My Account section of the Site. If you prefer, you can also contact us by sending an email to email@example.com and explaining how you would like to modify your preferences. You must promptly update the information contained in the My Account section of the Site if it changes or is inaccurate. However, you may not be able to change or remove any public postings made by you on the Site, including on our message boards, once that information has been posted.
You have the option to receive fewer or no promotional communications in the future from us by opting out. You may opt out of select promotional communications by following the instructions included in the specific communication that you no longer wish to receive, or by adjusting your email preferences in the account section of the website.
When you install our apps on your mobile device you can choose to receive push notifications, which are messages an app sends you on your mobile device even when the app is not open. You can turn off notifications by visiting your mobile device’s settings page.
If you would like to opt out from any or all information collection on the eMusic software application, you must uninstall the eMusic software application.
CONTENT PROVIDED BY YOU: CONTENT FEEDBACK AND OTHER PUBLIC SUBJECT MATTER
You are solely responsible for the content you post publically on the Site. You should be aware that when you voluntarily disclose PII or any Other Information through any public forum associated with the Site, that information can be read, collected, and used by other users of these services and may result in unsolicited messages, both commercial and otherwise.
SOCIAL MEDIA INTERACTIONS
LINKS TO OTHER SITES
Our Site may contain links to web sites and services owned or maintained by third parties. We are not responsible for, and have no control over, the privacy and data collection policies and practices implemented by such third parties, some of which may be substantially different from our own policies and practices. We encourage you to carefully review the respective privacy policies of these third parties and ask questions directly of them in this regard.
HOW TO CONTACT US