Last updated as of April 20, 2012
eMusic.com Inc. (“eMusic, we, our, us”) is a part of Dimensional Associates LLC (“Dimensional”), a private equity group focused on providing you with innovative online music and audiobook distribution services.
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 designed to protect your personally identifiable information.
Information We Collect
We collect information about you when you visit and use our site, software applications and services (collectively, the “Site”), and particularly when you enter or input information, whether during the course of entering, initiating, fulfilling and transmitting information or otherwise in connection with your general activities and/or use of the Site. You can visit the Site and learn about eMusic, our related products and services, and find out how to contact us without giving us any personally identifiable information.
We collect personally identifiable information from you in a variety of contexts. For example, you may be required to provide such information to us if you: (1) complete a registration form (e.g., various sign-up forms for receiving email newsletters, registering for special offers, promotions or programs, registering for an account, entering a contest/sweepstakes or responding to a survey); (2) fill out an order form to request information; (3) register to participate in message boards and chat rooms (if any) and other community features; or (4) purchase any products or services from us or any other Dimensional businesses. Such information may include your name, email address, mailing address and zip code, phone number, and, where appropriate, a valid credit card number with expiration date. Of course, you never have to answer any of the questions we ask you (nor choose to view or listen to any multimedia content or otherwise interact with our Site), but refusal to do so may limit the products or services we can offer or provide to you.
We automatically track certain 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 internal research on our users’ demographics, interests, and preferences, and to improve the Site and user experience. This information may include the URL that you just came from (whether this URL is on the Site or not), which 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 use data collection devices such as “cookies” (small text files that are placed on your computer’s hard drive for record-keeping purposes) 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 whenever 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. Most Internet browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or to alert you when a cookie is being sent (note: you may need to consult your browser’s “Help” area for instructions on how to do that). If you choose to disable your cookies setting or refuse to accept a cookie, 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.
We may occasionally use a third-party service provider to serve ads on our behalf across the Internet. They may collect anonymous information about your visits and your interaction with our Site, including HTML-formatted email messages. They may also use information about your visits to this Site and other Web sites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag or other similar means, which are industry standard technology used by most major Web sites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, credit card information, or any personally identifying information about you. If you would like more information about these online marketing practices and the technologies that support them, please click here. If you would like to know your choices about not having this anonymous information used by our third party service provider, please click here
If you choose to post messages to 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 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 such information into a file specific to you.
Our Use of Your Information
We may also use the information we collect about you to analyze Site usage, improve our content and product offerings, customize the Site’s content, layout, and services, update you about our products or services, or to contact you about exciting offers of new products or services that we believe may be of interest to you. You always have the option to receive fewer or no communications in the future from us by opting out. You may opt out by following the instructions included in the specific communication you no longer wish to receive or by sending an email at any time to email@example.com and explaining how you would like to modify your preferences. If you would like to opt-out from any or all information collection on the eMusic software application, please uninstall the eMusic software application.
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 the same in any way not expressly authorized by eMusic);
- When you use co-branded services — in which case you are giving us permission to pass any information you provide in the context of our co-branding and marketing relationship, back to our co-branding partner. Their use of your information is subject to their own privacy policies;
- 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 Dimensional affiliates, subsidiaries or joint ventures;
- 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 to do so. If you do not so 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. We do not rent or sell subscriber email addresses to third parties;
- Who are users of the Site solely to the extent you choose to make such information publicly available by posting it to your profile in connection with our “eMusic Neighbors” program or via our message boards, content reviews & ratings, or other eMusic community services; and/or
- In the event of a bankruptcy, or a merger, acquisition, joint venture or other business combination involving us.
Reviewing and Changing Your Personally Identifiable Information
You can access, review, update and correct personally identifiable information you have provided 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. Once posted, you may not be able to change or remove any public postings made by you on the Site, including our chat rooms or other message areas.
Safeguarding Your Personally Identifiable Information
eMusic cares about the security of your personally identifiable information. We follow generally accepted industry security standards designed to safeguard and help prevent unauthorized access to and disclosure and use of such information. When you provide credit card information, we use secure socket layer (SSL) encryption for that data. While no exchange of data that utilizes the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your personally identifiable information.
For Parents Concerning the Privacy of Information on Their Children
We are a general audience site that does not knowingly collect data or accept registrations from children under 13 years of age. Currently, we do not collect any age-specific data on our site. Furthermore, our site is primarily targeted to adults as evidenced by our requirement that all registered subscribers provide a valid credit card number. If, in the future, we decide to collect any age-specific data on our site, we will, at a minimum, take reasonable steps to ensure that any users who may be under 13 years of age (and who attempt to complete the registration process on our site) are directed to another site within the Dimensional family which specifically complies with the requirements of the Children’s Online Privacy Protection Act, or COPPA.
Neighbors Program, Message Boards, Chat Rooms and Instant Messaging
We are happy to offer our users value-added features such as the eMusic “Neighbors Program”, message boards, chat rooms and instant messaging services that enhance the overall eMusic community experience. However, you are solely responsible for the content you post there. You should be aware that when you voluntarily disclose personally identifiable information (for example, your name, street address, email address, or telephone number) to your profile or on any message boards, chat rooms or instant messaging services, that information can be read, collected and used by other users of these services and may result in unsolicited messages, both commercial and otherwise. You agree that you will not use such features for any purpose that is unlawful or prohibited by your Subscription Agreement or any other eMusic terms and conditions, policies or guidelines that may be in effect from time to time in connection with the same. We reserve the right to terminate your access to the Site or to take other protective steps if you violate those terms.
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 corresponding policies and practices. We encourage you to carefully review their respective privacy policies and ask questions directly of them in this regard.
How to Contact Us