Privacy Policy
Last updated and effective as of January 24, 2019
- Introduction
- Your Rights and Preferences – Your Control and Choice
- Personally Identifiable Information and Other Information We Collect
- Personally Identifiable Information
- Other Information
- Cookies
- Web Beacons
- Optional Information
- Customer Service
- Information Collected by Third Parties
- Information About Other People
- Our Use of Your Personally Identifiable Information and Other Information
- Our Disclosure of Your Information
- Reviewing and Changing Your Personally Identifiable Information
- Safeguarding Your Personal Information
- For Parents Concerning the Privacy of Information on Their Children
- Content Provided by You: Content Feedback and Other Public Subject Matter
- Social Media Interactions
- Links to Other Sites
- How to Contact Us
- Changes in this Privacy Policy
- Changes in this Privacy Policy
- Acceptance of this Privacy Policy
1. INTRODUCTION
Hi there! Thank you for being part of our eMusic/eStories family.
We at eMusic.com Inc. (“eMusic, we, our, us”) are focused on providing our 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. We also want to make clear that eMusic.com, Inc. is a wholly owned subsidiary of TriPlay, Inc., and
therefore the information we collect from you may be shared with and is owned by TriPlay, Inc.
This Privacy Policy describes our practices in connection with information that we collect through our
web site, software applications (including mobile), and other products and services made available to
you by eMusic (collectively, the “Site”). By using this Site, you consent to the collection, use, and
disclosure of your information in accordance with this Privacy Policy.
This Privacy Policy will explain the following:
- 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.
2. YOUR RIGHTS AND PREFERENCES – YOUR CONTROL AND CHOICE
As you may know a new European Union/European Economic Area law, called the General Data Protection
Regulation (“GDPR”) recently went into effect. The GDPR gives you certain rights in relation to your
personal data. As a result, we have made it easier for you to control your data and otherwise take
advantage of your rights. The rights afforded to you are as follows:
- Right to Access – you have the right to request confirmation about whether we are processing your
data, where it is being processed, and if so for what purpose it is being processed.
- Right to Data Portability – you have the right to request and receive, free of charge, a copy of
your personal data.
- Right to be Forgotten – you have the right to request erasure of your personal information (however,
please keep in mind that we will not be able to provide any services to you if you request we delete
your account information).
- Right to Correct Errors – you have the right to request that we correct errors in your personal data
in a timely manner.
- Right to Object – you have the right to object to our use of your personal data for purposes of
direct marketing.
You’ve already been able to update your account information via the My Account section of the Site, and
that won’t change. You can now visit Your Privacy Center to update your communications preferences, to
access your stored data, and to request that you data be deleted from our databases.
You’ve also already been able to manage the emails you receive from us, and that won’t change. You have
the option to receive fewer or no promotional communications by opting out. You may opt out in one of
two ways (1) select promotional communications by following the instructions included in the specific
communication, or (2) by adjusting your email preferences in the My Account section of the Site.
Additionally, we have designated a Data Protection Officer (“DPO”) who you can contact with any
questions or concerns. You may contact our DPO at DataProtectionOfficer@emusic.com or 215 Lexington
Avenue, 18th Floor, New York, NY 10016 ATTN: Data Protection Officer. Our DPO will need to verify you’re
you, so please include the email address associated with your account. Our DPO will respond within a
timely manner. If you are unhappy with the way your personal data is being used you may also contact and
a lodge a complaint with your local Data Protection Authority.
3. PERSONALLY IDENTIFIABLE INFORMATION AND OTHER INFORMATION WE COLLECT
3a. "PERSONALLY IDENTIFIABLE INFORMATION"
We collect personally identifiable information about you when you visit and use our Site, and
particularly when you enter, input, or upload personally identifiable information or files, whether
during the course of entering, initiating, fulfilling and transmitting personally identifiable
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 and review features; (4) purchase any products or services from us or any other
TriPlay business, or (5) contact our customer service department with an enquiry, comment or suggestion.
Such personally identifiable information may include your first and last name, email address, mailing
address and postal code, phone number, and, where appropriate, a valid credit/debit 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.
3b. "OTHER INFORMATION"
In addition to PII, we also collect certain 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.
3c. COOKIES
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.
3d. WEB BEACONS
Our Site may also use small pieces of software code called "web beacons" or "clear gifs" to collect
anonymous and aggregate advertising matrix, such as counting page views, promotion views, or advertising
responses. A web beacon is an electronic image called a single-pixel or clear GIF. Web beacons can
recognise certain types of information, such as a user's cookie number, time and date of a page view,
and description of the page where the web beacon is placed. You may render some web beacons unusable if
you choose to reject their associated cookies. These web beacons may be used to deliver cookies that
conform with our cookie policy above. For example, we may use web beacons on our registration page to
anonymously identify a registrant for a trial offer so that we may track if and when that individual
converts to a non-trial Paid Music Account, for the purpose of calculating referral fees to be paid to
our marketing partners.
3e. OPTIONAL INFORMATION
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.
3f. CUSTOMER SERVICE
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 personally
identifiable information for the purposes of responding to your questions or comments, and to improve
our service offerings and more efficiently provide you with assistance in the future.
3g. INFORMATION COLLECTED BY THIRD PARTIES
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.
3h. INFORMATION ABOUT OTHER PEOPLE
When you visit our Site, you can submit personally identifiable information about other people. For
example, you may be required to submit a person's name and e-mail address to purchase a gift account.
The personally identifiable information that may be collected about other people at these pages consist
of the recipient's name and e-mail address. We do not use the recipient's personally identifiable
information for any other purpose unless (s)he gives us permission to do so.
It is eMusic's policy to keep personally identifiable information only for as long as needed for the
purposes we collected the information, as specified in this Privacy Policy.
4. OUR USER OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND OTHER INFORMATION
We use your personally identifiable information to facilitate the provision of services you request.
When you purchase products or services from eMusic, we will use your personally identifiable information
to process and fulfill your order and for customer service purposes.
eMusic is Payment Card Industry (PCI) compliant. eMusic does not store nor have access to your complete
credit card information. This is held by third party provider Braintree (a division of PayPal) who is
required to confirm their PCI compliance with us.
We may use the personally identifiable information and other information we collect about you to enforce
our Terms of Use, analyze Site usage, improve our content and product offerings and customize the Site's
content, layout, and services. In addition eMusic may use the personally identifiable information and
other information we collect to update you about eMusic products or services, or to contact you about
exciting new products or services offered by eMusic, its affiliates or marketing partners that we
believe may be of interest to you, both by email where you have opted in to receiving such emails and by
post where you have not opted out from receiving such postal communications. 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 support@estories.com and explaining how you would like to modify your preferences.
When you enter a contest or sweepstakes ("promotion") or participate in a survey or poll ("survey") we
may ask you to provide personally identifiable information such as your name, address, phone number and
e-mail address. We use the information we collect on promotion entry forms to administer your
participation in the promotions and for other purposes stated on the entry form. Our surveys ask for
opinions on various issues. Most information obtained through surveys is aggregated and used internally.
We may share survey information with advertisers and marketing partners in an aggregated, non-personally
identifiable form. In the event personally identifiable information is requested as part of a survey,
such personally identifiable information is never provided to unaffiliated third parties without your
consent.
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.
5. 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;
- • Who assist us with fraud screening, billing, credit assessment and other credit/debit card related
services;
- 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 personally identifiable information and are restricted from
using the same in any way not expressly authorized by eMusic or required by applicable law);
- When you use co-branded services - in which case you are giving us permission to pass any
personally identifiable information you provide in the context of our co-branding and marketing
relationship, back to our co-branding partner. Unless you otherwise consent, we only share anonymous
data with our co-branding and marketing partners. Their use of your personally identifiable
information is subject to their own privacy policies;
- When we are legally compelled to do so by a governmental agency, law enforcement agency, court or
other investigative or other entity (e.g., to respond to search warrants, subpoenas, court orders or
legal process);
-
To assist us in collecting a debt owed by you;
-
If we believe such disclosure is necessary to comply with any applicable laws or regulations, to
enforce or apply the terms of our Agreement or any of our terms and conditions and policies relating
to promotions, programs, product offerings or any other features or functions of the Site, or to
establish, exercise, protect and/or defend the rights, property or safety of eMusic, its suppliers,
advertisers, other customers or users, or any other party;Who are TriPlay affiliates, subsidiaries
or joint ventures ("Affiliates") so that they can promote their products and services based on your
preferences and interests, where you have opted-in to receiving communications from such Affiliates.
You may "opt out" of such disclosure(s) at any time to the extent they include your personally
identifiable information by sending an email to support@emusic.com indicating your intent to do so.
If you do consent to such sharing and we share your personally identifiable information (but not
email address) with such Affiliates, their use of such information is subject to their own privacy
policies. We do not rent or sell End User email addresses to third parties;
-
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, where you have opted-in to receiving communications from such third
parties. You may "opt out" of such disclosure(s) at any time to the extent they include your
personally identifiable information by sending an email to support@emusic.com indicating your intent
to do so. If you do consent to such sharing and we share your personally identifiable information
(but not email address) with such trusted third parties, their use of such information is subject to
their own privacy policies. We do not rent or sell End User email addresses to third parties. We may
also send aggregated anonymous data related to registration activity to promotional partners and
advertisers for the purpose of calculating referral fees;
-
Who assist us in administering eMusic website linking;
- In the event that you contact us with a question that raises one or more issues that affect our
promotional partners;
- Who are users of the Site solely to the extent you choose to make such personally identifiable
information publicly available by posting it to your profile (including providing a nickname, your
gender, your views and geographic location) in connection with 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 or any of our Affiliates.
Your personally identifiable information is stored and processed in the US.
6. REVIEWING AND CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION
As stated above in Section 2, you can access, review, update, and correct your PII via the My Account
section of the Site. You must promptly update the information contained in the My Account section of the
Site if it changes or is inaccurate.. If you have questions about this, do not hesitate to contact our
Data Protection Officer: DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York,
NY 10016, ATTN: Data Protection Officer.
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.
7. 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 loss, theft and unauthorized
access, use, disclosure, modification or destruction of such information including administrative,
technical and physical safeguards. While no data transmission over 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 in our custody and control. However, we are
unable to guarantee that your personally identifiable information will never be disclosed or accessed in
a manner that is inconsistent with this Privacy Policy. To provide you with an increased level of
security online, access to your personally identifiable information may be protected with a password you
select. We strongly recommend that you do not disclose your password to anyone. We will never ask you
for your password in any unsolicited communication.
8. 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 End Users 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 TriPlay family which specifically complies with the requirements of
the Children's Online Privacy Protection Act, or COPPA.
9. CONTENT PROVIDED BY YOUR: CONTENT FEEDBACK AND OTHER PUBLIC SUBJECT MATTER
You are solely responsible for the content you post publicly 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.
You agree that you will not use such features for any purpose that is unlawful or prohibited by our
Terms of Use or any other eMusic terms and conditions, policies, or guidelines that may be in effect
from time to time. We reserve the right to terminate your access to the Site or to take other protective
steps if you violate these terms.
10. SOCIAL MEDIA INTERACTIONS
eMusic encourages you to interact with us through our social media accounts, including through Facebook,
Twitter, and Instagram. Please keep in mind, however, that information that you choose to share through
social media platforms is subject to your individual privacy settings and the privacy policy of each
respective platform (over which eMusic has no control). Please visit the privacy policy of each social
media
platform for information regarding its specific privacy practices.
11. 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.
12. HOW TO CONTACT US
If you have any questions or complaints about our Privacy Policy, you can contact our customer service
department at support@emusic.com. When we receive such inquiries
about our Privacy Policy, we will use
your PII to the extent necessary to respond to your question or comment. However, if your question
raises one or more issues that affect our promotional partners, we may also share your question and/or
information with them in order to provide a response.
13. CHANGES IN THIS PRIVACY POLICY
We reserve the right to modify, alter, or otherwise update this Privacy Policy at any time, so we
encourage
you to review this Privacy Policy from time to time. When we make changes, we will notify you in this
space.
We may also, in our discretion, notify you of any such changes to our privacy practices via email or by
placing a notice on our home page.
14. ACCEPTANCE OF THIS PRIVACY POLICY
By using this Site, you consent to the collection, use, and disclosure of your information in accordance
with this Privacy Policy.
- Introduction
- Your Rights and Preferences – Your Control and Choice
- Information We Collect
- Our Use of Your Information
- Our Disclosure of Your Information
- Our Response to Do Not Track Mechanisms
- Safeguarding Your Personal Information
- Reviewing/Changing Your Personally Identifiable Information and Opting Out
- Children’s Privacy
- Content Provided by You: Content Feedback and Other Public Subject Matter
- Social Media Interactions
- Links to Other Sites
- How to Contact Us
- Changes in this Privacy Policy
- Acceptance of this Privacy Policy
1. INTRODUCTION
Hi there! Thank you for being part of our eMusic/eStories family.
We at eMusic.com Inc. (“eMusic, we, our, us”) are focused on providing our 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. We also want to make clear that eMusic.com, Inc. is a wholly owned subsidiary of TriPlay, Inc., and
therefore the information we collect from you may be shared with and is owned by TriPlay, Inc.
This Privacy Policy describes our practices in connection with information that we collect through our
web site, software applications (including mobile), and other products and services made available to
you by eMusic (collectively, the “Site”). By using this Site, you consent to the collection, use, and
disclosure of your information in accordance with this Privacy Policy.
This Privacy Policy will explain the following:
- 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.
2. YOUR RIGHTS AND PREFERENCES – YOUR CONTROL AND CHOICE
As you may know a new European Union/European Economic Area law, called the General Data Protection
Regulation (“GDPR”) recently went into effect. The GDPR gives you certain rights in relation to your
personal data. As a result, we have made it easier for you to control your data and otherwise take
advantage of your rights. The rights afforded to you are as follows:
- Right to Access – you have the right to request confirmation about whether we are processing your
data, where it is being processed, and if so for what purpose it is being processed.
- Right to Data Portability – you have the right to request and receive, free of charge, a copy of
your personal data.
- Right to be Forgotten – you have the right to request erasure of your personal information (however,
please keep in mind that we will not be able to provide any services to you if you request we delete
your account information).
- Right to Correct Errors – you have the right to request that we correct errors in your personal data
in a timely manner.
- Right to Object – you have the right to object to our use of your personal data for purposes of
direct marketing.
You’ve already been able to update your account information via the My Account section of the Site, and
that won’t change. You can now visit Your Privacy Center to update your communications preferences, to
access your stored data, and to request that you data be deleted from our databases.
You’ve also already been able to manage the emails you receive from us, and that won’t change. You have
the option to receive fewer or no promotional communications by opting out. You may opt out in one of
two ways (1) select promotional communications by following the instructions included in the specific
communication, or (2) by adjusting your email preferences in the My Account section of the Site.
Additionally, we have designated a Data Protection Officer (“DPO”) who you can contact with any
questions or concerns. You may contact our DPO at DataProtectionOfficer@emusic.com or 215 Lexington
Avenue, 18th Floor, New York, NY 10016 ATTN: Data Protection Officer. Our DPO will need to verify you’re
you, so please include the email address associated with your account. Our DPO will respond within a
timely manner. If you are unhappy with the way your personal data is being used you may also contact and
a lodge a complaint with your local Data Protection Authority.
3. INFORMATION WE COLLECT
We collect information about you when you visit and use our 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.
We collect Personally Identifiable Information (“PII”) from you when you provide it to us in connection
with your use of the Site. Such information may include your name, email address, mailing address, phone
number, and, where appropriate, a valid credit card number with expiration date or other payment method
details. You may manually input this information or you may provide same via a social media application
you use to register. For example, you may be required to provide this information to us if you: (1)
complete a registration form (e.g., sign-up forms for registering for an account, receiving email
newsletters, registering for special offers, promotions or programs, entering a contest/sweepstakes or
responding to a survey); (2) fill out a form to request information; (3) register to participate in
message boards and other community features (if any); or (4) purchase any products or services through
the Site. Your provision of such information constitutes your consent to its collection in accordance
with this Privacy Policy. Of course, you may choose not to provide us with this information, but this
will limit the products, services, and support that we are able to offer or provide to you.
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.
3a. COOKIE POLICY
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.
You can adjust your browser settings at any time to refuse all or some cookies or to prompt you before
accepting a cookie. However, if you choose to refuse cookies, 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.
4. 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;
- enforce our Terms of Use;
- 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.
eMusic is Payment Card Industry (PCI) compliant. eMusic does not store nor have access to your
complete credit card information. This is held by third party provider Braintree (a division of
PayPal) who is required to confirm their PCI compliance with us.
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.
5. 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);
- If we believe such disclosure is necessary to comply with any applicable laws or regulations, to
enforce or apply the terms of our Site Terms of Use or any of our terms and conditions and policies
relating to specific promotions, programs, product offerings or any other features or functions of
the
Site, or to protect and/or defend the rights, property or safety of eMusic, its suppliers,
advertisers,
other customers or users, or any other party;
-
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 support@emusic.com
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.
6. OUR RESPONSE TO DO NOT TRACK MECHANISMS
The Site does not respond to, or change its behavior in response to, any “Do Not Track” signals
(including
HTTP header requests). Additionally, to the extent that any third party tracking pixels are employed as
described in this Privacy Policy, eMusic has no control over the response of those tracking pixels to Do
Not
Track signals; such response is solely controlled by the respective third party. To learn more about Do
Not
Track, please click
here.
7. SAFEGUARDING YOUR PERSONAL INFORMATION
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.
8. REVIEWING/CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION & OPTING OUT - ADDITIONAL
INFORMATION
As stated above in Section 2, you can access, review, update, and correct your PII via the My Account
section of the Site. You must promptly update the information contained in the My Account section of the
Site if it changes or is inaccurate.. If you have questions about this, do not hesitate to contact our
Data Protection Officer: DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York,
NY 10016, ATTN: Data Protection Officer.
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.
9. CHILDREN’S PRIVACY
The Site is a general audience web site that does not target content to children under 13 years of age.
Our Terms of Use require that registered members be at least 18 years of age and provide valid credit or
debit card information. Accordingly, eMusic does not knowingly collect personal information or accept
registration of accounts from children under 13 years of age. If, however, we become aware that any
personal information has been collected from, or accounts have been created for, children under 13 years
of age, we will promptly delete the information and cancel the account, as applicable.
10. 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.
You agree that you will not use such features for any purpose that is unlawful or prohibited by our
Terms of
Use or any other eMusic terms and conditions, policies, or guidelines that may be in effect from time to
time. We reserve the right to terminate your access to the Site or to take other protective steps if you
violate these terms.
11. SOCIAL MEDIA INTERACTIONS
eMusic encourages you to interact with us through our social media accounts, including through Facebook,
Twitter, and Instagram. Please keep in mind, however, that information that you choose to share through
social media platforms is subject to your individual privacy settings and the privacy policy of each
respective platform (over which eMusic has no control). Please visit the privacy policy of each social
media
platform for information regarding its specific privacy practices.
12. 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.
13. HOW TO CONTACT US
If you have any questions or complaints about our Privacy Policy, you can contact our customer service
department at support@emusic.com. When we receive such inquiries
about our Privacy Policy, we will use
your PII to the extent necessary to respond to your question or comment. However, if your question
raises one or more issues that affect our promotional partners, we may also share your question and/or
information with them in order to provide a response.
14. CHANGES IN THIS PRIVACY POLICY
We reserve the right to modify, alter, or otherwise update this Privacy Policy at any time, so we
encourage
you to review this Privacy Policy from time to time. When we make changes, we will notify you in this
space.
We may also, in our discretion, notify you of any such changes to our privacy practices via email or by
placing a notice on our home page.
15. ACCEPTANCE OF THIS PRIVACY POLICY
By using this Site, you consent to the collection, use, and disclosure of your information in accordance
with this Privacy Policy.
- Introduction
- Your Rights and Preferences – Your Control and Choice
- Personally Identifiable Information and Other Information We Collect
- Cookies
- Information Collected by Third Parties
- Our Use of Your Personally Identifiable Information and Other Information
- Our Disclosure of Your Information
- Reviewing and Changing Your Personally Identifiable Information
- Safeguarding Your Personal Information
- For Parents Concerning the Privacy of Information on Their Children
- Content Provided by You: Content Feedback and Other Public Subject Matter
- Social Media Interactions
- Links to Other Sites
- How to Contact Us
- Changes in this Privacy Policy
- Changes in this Privacy Policy
- Acceptance of this Privacy Policy
1. INTRODUCTION
Hi there! Thank you for being part of our eMusic/eStories family.
We at eMusic.com Inc. (“eMusic, we, our, us”) are focused on providing our 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. We also want to make clear that eMusic.com, Inc. is a wholly owned subsidiary of TriPlay, Inc., and
therefore the information we collect from you may be shared with and is owned by TriPlay, Inc.
This Privacy Policy describes our practices in connection with information that we collect through our
web site, software applications (including mobile), and other products and services made available to
you by eMusic (collectively, the “Site”). By using this Site, you consent to the collection, use, and
disclosure of your information in accordance with this Privacy Policy.
This Privacy Policy will explain the following:
- 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.
2. YOUR RIGHTS AND PREFERENCES – YOUR CONTROL AND CHOICE
As you may know a new European Union/European Economic Area law, called the General Data Protection
Regulation (“GDPR”) recently went into effect. The GDPR gives you certain rights in relation to your
personal data. As a result, we have made it easier for you to control your data and otherwise take
advantage of your rights. The rights afforded to you are as follows:
- Right to Access – you have the right to request confirmation about whether we are processing your
data, where it is being processed, and if so for what purpose it is being processed.
- Right to Data Portability – you have the right to request and receive, free of charge, a copy of
your personal data.
- Right to be Forgotten – you have the right to request erasure of your personal information (however,
please keep in mind that we will not be able to provide any services to you if you request we delete
your account information).
- Right to Correct Errors – you have the right to request that we correct errors in your personal data
in a timely manner.
- Right to Object – you have the right to object to our use of your personal data for purposes of
direct marketing.
You’ve already been able to update your account information via the My Account section of the Site, and
that won’t change. You can now visit Your Privacy Center to update your communications preferences, to
access your stored data, and to request that you data be deleted from our databases.
You’ve also already been able to manage the emails you receive from us, and that won’t change. You have
the option to receive fewer or no promotional communications by opting out. You may opt out in one of
two ways (1) select promotional communications by following the instructions included in the specific
communication, or (2) by adjusting your email preferences in the My Account section of the Site.
Additionally, we have designated a Data Protection Officer (“DPO”) who you can contact with any
questions or concerns. You may contact our DPO at DataProtectionOfficer@emusic.com or 215 Lexington
Avenue, 18th Floor, New York, NY 10016 ATTN: Data Protection Officer. Our DPO will need to verify you’re
you, so please include the email address associated with your account. Our DPO will respond within a
timely manner. If you are unhappy with the way your personal data is being used you may also contact and
a lodge a complaint with your local Data Protection Authority.
3. INFORMATION WE COLLECT AND OUR USE OF COOKIES
We collect information about you when you visit and use our Site, and particularly when you enter,
input, or upload information or files, 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 community features; or (4) purchase
any products or services from us or any other TriPlay 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.
In addition to PII, we also collect certain 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 you provide it to us. We may 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.
3a. COOKIES
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.
3b. INFORMATION COLLECTED BY THIRD PARTIES
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.
4. OUR USER OF YOUR INFORMATION
We use your information to facilitate the provision of services you request. When you purchase products
or services from eMusic, we will use your personally identifiable information to process and fulfill
your order and for customer service purposes.
eMusic is Payment Card Industry (PCI) compliant. eMusic does not store nor have access to your
complete
credit card information. This is held by third party provider Braintree (a division of PayPal) who
is
required to confirm their PCI compliance with us.
We may also use the information we collect about you to enforce our Terms of Use, 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 support@emusic.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.
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.
5. 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);
-
If we believe such disclosure is necessary to comply with any applicable laws or regulations, to
enforce or apply the terms of our Terms of Use or any of our terms and conditions and policies
relating to promotions, programs, product offerings or any other features or functions of the Site,
or to protect and/or defend the rights, property or safety of eMusic, its suppliers, advertisers,
other customers or users, or any other party;
-
Who are TriPlay 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 tosupport@emusic.com 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 End User 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.
Your personally identifiable information is stored and processed in the US.
6. REVIEWING AND CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION
As stated above in Section 2, you can access, review, update, and correct your PII via the My Account
section of the Site. You must promptly update the information contained in the My Account section of the
Site if it changes or is inaccurate. If you have questions about this, do not hesitate to contact our
Data Protection Officer: DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York,
NY 10016, ATTN: Data Protection Officer.
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.
You must promptly update the information contained in the My Account section of the Site if it changes
or is inaccurate.
7. 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.
8. 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 End Users 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 TriPlay family which specifically complies with the requirements of
the Children's Online Privacy Protection Act, or COPPA.
9. CONTENT PROVIDED BY YOUR: CONTENT FEEDBACK AND OTHER PUBLIC SUBJECT MATTER
You are solely responsible for the content you post publicly 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.
You agree that you will not use such features for any purpose that is unlawful or prohibited by our
Terms of Use or any other eMusic terms and conditions, policies, or guidelines that may be in effect
from time to time. We reserve the right to terminate your access to the Site or to take other protective
steps if you violate these terms.
10. SOCIAL MEDIA INTERACTIONS
eMusic encourages you to interact with us through our social media accounts, including through Facebook,
Twitter, and Instagram. Please keep in mind, however, that information that you choose to share through
social media platforms is subject to your individual privacy settings and the privacy policy of each
respective platform (over which eMusic has no control). Please visit the privacy policy of each social
media
platform for information regarding its specific privacy practices.
11. 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.
12. HOW TO CONTACT US
If you have any questions or complaints about our Privacy Policy, you can contact our customer service
department at support@emusic.com. When we receive such inquiries
about our Privacy Policy, we will use
your PII to the extent necessary to respond to your question or comment. However, if your question
raises one or more issues that affect our promotional partners, we may also share your question and/or
information with them in order to provide a response.
13. CHANGES IN THIS PRIVACY POLICY
We reserve the right to modify, alter, or otherwise update this Privacy Policy at any time, so we
encourage
you to review this Privacy Policy from time to time. When we make changes, we will notify you in this
space.
We may also, in our discretion, notify you of any such changes to our privacy practices via email or by
placing a notice on our home page.
14. ACCEPTANCE OF THIS PRIVACY POLICY
By using this Site, you consent to the collection, use, and disclosure of your information in accordance
with this Privacy Policy.