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Introduction

Napster Music Inc., Rhapsody International Inc., and its subsidiaries and affiliates around the world (collectively, “Napster,” “we,” “us,” or “our”), appreciate your business and your use of our web sites, mobile applications and software, and other products and services (collectively, the “Services”).

This is our Privacy Policy. It explains what information we collect about you and how it is used when you use the Services, or when you otherwise interact with us. It also explains how the information is collected and what choices may be available to you to control the collection and use of your information. Please note that special terms may apply to you depending on the territory where you live (the “Relevant Territory”); these special terms are found at the end of this document.

By accessing and using the Services, or through your express agreement when requested, you accept this Privacy Policy and (a) agree and acknowledge that you have the power to enter into this Agreement (see the Minimum Age requirements in the Napster Terms of Use ), (b) consent to our collection, storage, and use of the information, as described in this document, and (c) affirm that you are familiar with and agree to be bound by this Privacy Policy and its limitations or qualifications, as modified from time to time. If you do not consent, you should not access or use the Services. As described below, our collection and use of certain information (such as access to your device’s contacts or photos) may require separate permission from you.

Why do we collect information?

Napster collects information from you in order to provide an optimised and customised experience for you and all our users when using the Services, and to enable us to provide the Services. The collection of this information is a contractual requirement pursuant to the Terms of Use, and failure to provide the necessary information may result in our inability to provide to you some or all of the Services.

What Information Does Napster Collect?

  1. Information We Collect Automatically

    When you access or use the Services, we automatically collect certain specific, available information in order to operate, maintain, and enhance the Services and to provide the Services to you, including:

    • Log information: We collect your Internet Protocol (“IP”) address, network or provider, web requests, access times, pages viewed, application version, crashes, content you access or download, web browser, links clicked, and the web page that referred you to us.

    • Device information: We collect information about the device you use to access the Services, including the hardware model, operating system and version, unique device identifiers and mobile network.

    • General location information: We collect information about the general location of your device (your city or region) when you access or use the Services, usually based on your IP address.

    • Information collected by cookies and other tracking technologies: We may use cookies and web beacons to collect information. See “Cookies and Advertising and Analytics Services” below for more information.

    WHAT THIS MEANS TO YOU: This information allows us to provide the Services to you and to optimise your Napster experience for your region, device, browser, etc. By accepting this Privacy Policy, you give us permission to collect and store this kind of information. Do not access or use the Services if you do not consent.

  2. Information You Make Available to Us

    We collect information that you provide directly to us, including:

    • Personal information: You may give us personal information such as your name, demographic information, email address, username or screen name, password, postal address, phone number, and language preference.

    • Interaction: We collect information when you use any interactive features of the Services (including listening activity, search terms, and device input information); participate in a survey, contest or promotion; subscribe to a newsletter or email list; update your profile; purchase, access, “favourite,” or download content, credits, or other products through the Services; request customer support; or otherwise communicate with us.

    • Your payment information: We collect payment information (such as your credit or debit card number), information about your transactions, and related information.

    • Other people: We collect information you provide about others (for example, when you refer a friend to Napster) in accordance with applicable law.

    • Third-party services: You may give us access to information about you from third-party services, such as Facebook or Amazon, such as your name and account information. We collect such information in accordance with that third-party service’s policies. (Please note that we will not be responsible if the third party breaches its own policies or any applicable laws, rules or regulations in relation to information you make available to us, from them. See “How Is Your Information Shared with Others?” below, for our disclaimer regarding use of your information by third parties with whom you or we decide to share it.)

    • Account Information: You may authorise us to access the account information for accounts related to how you receive the Services that are stored on your device, such as app store accounts and linked social media accounts, which allows us to provide a quicker and easier onboarding experience.

    • Music library: You may choose to explicitly give us access to the library of music files stored locally on your device.

    • Phone, Mobile Network, and Wi-fi: You may give us permission to access your phone (including your phone number), or information about the mobile or wi-fi network your device is connected to. This information allows us to more quickly create an account for you, to optimise your experience if you are a customer of one of our many mobile carrier partners, or to communicate with you more easily.

    • Specific Location: You may authorise us to collect information about your specific location so that we can provide localised content or other information about nearby friends or events. We will never access your specific location without your explicit permission for us to do so.

    • Contacts: You may explicitly grant us permission to scan or access your contacts list to find your friends who are also using the Services, or to invite others to join. We will never access your contacts without your explicit permission, and we will only access the specific contacts you allow us to.

    • Photos and Camera: You may authorise us to access photos and the camera on your device for use in connection with the Services – for example, to take or upload a profile picture or some cover art for a playlist. We will only access the specific photos you allow us to, and only for the stated purpose.

    • Microphone: You may explicitly grant us permission to access your device’s microphone in order to enable certain features, such as voice control and song matching. We do not record or store audio information from your microphone. We will never access your microphone without your explicit permission, and only for the stated purpose.

    • Other Device Sensors:You may allow us to collect information from various sensors on your device to make better content recommendations for you, such as using your device’s accelerometer to suggest music for the speed at which you are running.

    WHAT THIS MEANS TO YOU: You grant us permission to collect certain information either by explicitly indicating your permission in the case of location, contacts, photos and camera, or microphone information, or, in the case of other information you voluntarily submit to Napster, by accepting this Privacy Policy and subsequently providing us with the information. If you do not consent to our collection of this kind of information, do not provide it to us and do not grant us permission.

  3. How Does Napster Use Your Information?

    We may use the information we collect for various purposes, including to:

    • Provide, maintain, update, develop, and improve the Services;

    • Process payments and other transactions, verify your right to access to the Services, and send you confirmations and invoices;

    • Send you technical notices, updates, security alerts, and support and administrative messages;

    • Respond to your comments, questions and requests, and provide customer service;

    • Communicate with you about products, updates, services, offers, targeted advertising, promotions, content, events offered by Napster and others, and other information;

    • Monitor and analyse usage and activities on the Services, for example to improve the Services, pay or report to rights holders, or calculate payments owed to Napster by advertisers;

    • Provide advertising that helps support the Services;

    • Determine the content that we make available to you (some of our content licences differ by country);

    • Personalise the Services, including by providing advertisements, recommendations, content, and features that match your interests, preferences, or location;

    • Process contest or promotion entries and rewards;

    • Link or combine with information we receive from other sources to help understand your needs and to provide you with better service;

    • Create and maintain your personal profile (described below);

    • Protect Napster and our users;

    • Carry out the Advertising and Analytics Services (described below); and

    • Carry out any other purpose for which the information was collected.

    We maintain your information at least for as long as you maintain an account. We may maintain certain information, including your personal information, interaction information, and account information, for an additional period of time, which may be as long as needed or permitted in light of the purposes for which the information was obtained. Unless you request that we delete it, we may retain information about users for at least two years after the deactivation of your account, so that you can re-activate your account and still have access to the same account, history, and preferences. You may ask us to delete any personally identifiable information we maintain about you, as described below.

    WHAT THIS MEANS TO YOU: We collect your information to make your Napster experience better.

  4. How Is Your Information Shared with Others?

    Both Napster and you may sometimes make your information available to third parties in the specific situations described below. To the extent allowable by applicable law or Napster’s legal relationships with third parties, Napster is not responsible nor does it assume responsibility for any third party’s use of your information, or for the privacy practices of any third party (please note specific provisions for your territory (if any) at the end of this document).

  5. Necessary Sharing with Napster Partners

    Napster may share relevant information about you with certain third parties such as our partners. For example, our credit card processing partners require certain information in order to process your payment, and customer support contractors may require certain information in order to respond to your inquiries. In addition, under our content licences, we may be obligated to provide rights holders with anonymous information about how our users use and access content. Our partners are obligated to comply with strict contractual guidelines to keep all personal information that they access confidential, and to use that information only for authorised purposes.

    WHAT THIS MEANS TO YOU: This category of sharing is necessary for us to provide the Services. If you do not consent to this sharing, do not access or use the Services.

  6. Your Personal Profile

    When you first use the Services, you are assigned a Napster profile, which you can use to discover and share music, and interact with other users. The default setting is that your Napster profile will be publicly accessible, but it will be anonymous (that is, it will not display your real name or any other personally identifying information). You can customise your profile by adding personal information like your name or a photo. You can choose whether your profile is public or private, and you may change between public and private as often as you wish.

    • IF YOUR PROFILE IS PUBLIC: The information in your profile (which includes any personal information you have provided, your interactions with other users, and information about the music you listen to) will be accessible to other people, including people who are not users of the Services. Others may search for your profile if they have your username or screen name, real name, or email address (though we won’t provide your real name or email address to anyone who has not already shown that they know it by providing it to us). If you customize the information in your public profile, you may be asked to confirm that you wish it to remain public, and you may become identifiable to others. You grant us and our partners permission to use public information associated with your profile (including the fact that you have a public Napster profile) to promote and improve the Services or to help others (whether users of the Services or not) to find you and learn that you use the Services.

    • IF YOUR PROFILE IS PRIVATE: Your profile and all of the information associated with it will be completely hidden from all other people, and we will not use your information for promotional purposes. You will not, however, be able to use certain features or functionalities of the Services.

    WHAT THIS MEANS TO YOU: You may choose whether your profile is public or private. If you make it private, your profile and content will essentially be invisible and undiscoverable to others, but you will be unable to use certain features of the Services. If you leave your profile public, you can choose whether and how to customise your profile with additional information, or to interact with other users.

  7. Interactions with Other Social Networks

    The Services may offer tools that enable you to integrate your Napster account with a third-party social network (such as a Facebook “Like” button, or a Twitter “Tweet” button). These features let you share information from the Services with your friends, the public, or other third parties. For more information about the purpose and scope of how these features collect and share data, please visit the privacy policies of the entities that provide these features.

    WHAT THIS MEANS TO YOU: If you use social sharing features, you should check the privacy policies of the applicable third-party social networks to learn how your information is collected, processed, stored, and used.

  8. Information Received from Third Parties

    Napster may also receive your information from third-party partners, services, or advertisers to facilitate the selection of your content preferences. The third party’s use of this information is governed by the third party’s own privacy policy, and Napster’s use is governed by this Privacy Policy.

    If you subscribe to the Services through a third-party Partner, such as a telephone carrier or device manufacturer, that Partner may provide to us information that you disclosed to them, in order for us to be able to better provide the Services to you. In that case, the information we receive from the Partner will be governed by this Privacy Policy as though you had provided it to Napster directly.

    WHAT THIS MEANS TO YOU: You should consult the privacy policies of the third-party entities you share your information with to understand how they will use it and share it with Napster.

  9. The Napster API

    The Napster API is an interface with which other people may interact with Napster information and make use of it in new and interesting ways. If your profile is public, third parties may access information about you that is contained on your public profile through the Napster API, including your connections within the Services, and other information about how you use the Services.

    WHAT THIS MEANS TO YOU: The Napster API will have access to and make available the full range of public information about you. You may revoke the Napster API’s access to information about you by making your profile private, at which point the Napster API will cease to make information about you available.

  10. Cookies and Web Beacons

    Napster uses cookies, web beacons, and related technologies. Cookies are fragments of text stored on your web browser. Web beacons are often transparent image files (also called pixels) that track usage of a particular web page. Temporary and persistent cookies and web beacons may be placed on your browser or device when you use the Services, in order to perform various functions, including allowing a page to recognize you when you return, anonymously aggregating usage information for analytical purposes, storing preferences, sharing information with third-parties, and delivering relevant advertisements. Some cookies will only be used if you use certain features or select certain preferences, and others will always be used. They may be placed by Napster or our partners. These cookies and web beacons are used for the following purposes:

    • To allow you to stay logged in to the Services and to recall your subscription level.
    • To monitor traffic on and usage of our site and understand traffic patterns, collecting the IP address, browser, and operating system you use to access the site, date and time of access, the pages you visited and the page from which you arrived on our site.
    • To compile and report to third parties (like advertisers) aggregated statistics about our users in terms of numbers, traffic patterns, and information related to the site.
    • To register you on our service and recall your preferences.
    • To recognize repeat visitors for statistical or analytical purposes.
    • To anonymously track interactions with online advertisements, for example, monitoring the number of times an ad appears and the number of times it is clicked.
    • To authorise access to certain premium content or to test product features.
    • Along with additional information we collect from elsewhere, to carry out transactions, such as credit card sales.

    WHAT THIS MEANS TO YOU: By agreeing to this Privacy Policy, you consent to the use of the technologies described above. However, you do have control over them. Most web browsers can be set to remove or reject browser cookies (this could affect the availability and functionality of the Services). Some third-party flash cookies must be disabled separately. While you cannot opt out of web beacons used in websites, you can limit their use by opting out of the cookies they interact with. There are many helpful resources on the Internet where you can learn more about cookies and how to control them.

  11. Advertising and Analytics Services

    We may allow others to (i) serve content and advertisements on our behalf across the Internet and (ii) to provide analytics services. These third-parties may use cookies, web beacons, local storage, and other technologies to collect information about your use of the Services and other websites, including your IP address, device ID, web browser, pages viewed, time spent on pages, content accessed, activity and location over time, links clicked, and conversion information, as well as personal information you have provided, such as demographic and geographic information. This information may be used by Napster and others to, among other things, analyse and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests or location, and better understand your online activity. In doing so, it may be combined with information from other sources (“Information”).

    This information may be used by Napster and others for analytics purposes which includes analysing and tracking data, determining the popularity of certain content, and better understanding your online activity (“Analytics Services”). In doing so, it may be combined with information from other sources.

    The Information may also be used by third parties to deliver advertising and content targeted to your interests or location. We or a third-party data partner may collect, store and share a unique identifier matched to your mobile device, in order to deliver customised ads or content while you use applications or surf the internet, or to seek to identify you in a unique manner across other devices or browsers(“Advertising Services”). In order to customise these ads or content, we or a third-party data partner may collect and share anonymized information about you (received from third parties) either to data you have voluntarily submitted to us, like your email address or location, or to data we have collected from you, including your device identifier or IP address. This information will only be shared with these partners in aggregated, hashed, and/or non-human-readable form, which cannot reasonably be used to identify you.

    To opt out of Advertising cookies, please update your cookie settings at www.napster.com/cookie-settings.

    WHAT THIS MEANS TO YOU: You may opt out of the cookies described above by updating your cookie settings at www.napster.com/cookie-settings. Analytics services are essential to provide the Service to you. As such, in order to opt out of Analytics Services you must cancel your subscription to the Service. Additional country-specific resource pages can be found in the Territory-Specific Information section below.

  12. Other Necessary Disclosures:

    • In the case of the sale of one or more business units of Napster, we may, at our discretion, share your personal information with bidders or buyers in accordance with the provisions of this Privacy Policy.

    • If Napster enters into bankruptcy or its equivalent under local law, the administrator or receiver of the bankruptcy may have the ability to transfer your information in accordance with the proceedings and/or any future rendering of services.

    • We may, at our sole discretion and in compliance with applicable law, share your information with our corporate subsidiaries, parents, or affiliates as necessary to build, provide, and improve the Services throughout the world.

    • We may share your information as necessary to enforce our End User Licence Agreement and Terms of Use , investigate potential violations, or otherwise address potential or actual fraud or security or technical issues.

    • Napster may disclose your information if required by law or if we believe in good faith that doing so is necessary in order to: (a) comply with the law; (b) comply with an order issued by a competent judicial authority; (c) obey the service of legal process upon Napster; (d) protect and defend Napster’s rights and/or property; or (e) act in emergency situations.

    WHAT THIS MEANS TO YOU: Our disclosure of your information in these situations is required, either by law or the circumstances of the situation. You may not restrict this disclosure.

How Can You Control Your Napster Account?

  1. Account Information

    You may update, correct or deactivate your account information at any time by logging into your account online or on our apps, or by contacting us at help@napster.com. (If you log into the Services using your credentials from a third-party service, however, you may need to access that service to update your Napster account.) Deactivating your account will stop all new collection of information. Please note, however, that we may retain certain information as required by law or for legitimate business purposes, as described above. You may (1) request that we permanently delete all personally identifiable information we have about you after your account is deactivated, (2) request access to the personally identifiable information we maintain for you, (3) correct or restrict processing of any personally identifiable information we maintain for you, or (4) revoke your consent to the collection of information or object to the processing of your information as described in this Privacy Policy by contacting help@napster.com. Remember that if you do so, you may not be able to access some or all of the Services. You also have a right to data portability. You may lodge a complaint about the collection or processing of your information with the supervisory authority in the territory where you live.

  2. Communications from Napster

    Napster may communicate with you via email (at the address you provide to us), push notifications, alerts, or by other means. You may opt out of promotional communications from Napster by following the instructions in those communications, by updating your account preferences in your app settings or online account, or by contacting help@napster.com. If you opt out of promotional communications, we may still send you non-promotional communications, such as those about your account, changes to the governing legal documents (such as this Privacy Policy) or our ongoing business relations.

  3. How Is Napster Keeping Your Information Safe?

    The security of your information is important to us. Napster uses industry-standard methods, such as encryption and access restrictions, to protect you and to ensure that the information we collect is safe from loss, theft, misuse, and unauthorised access, disclosure, alteration and destruction. Nevertheless, we cannot guarantee the security of your information. You can help by securing your Napster account with a strong password, and not sharing your account information with others.

    Your information may be collected, transferred, stored, processed, or used (collectively, “Accommodated” or “Accommodate”) in various locations around the world, which may not be in the country or Relevant Territory where you reside. The data protection, privacy and other applicable laws, rules and regulations in the territories where we Accommodate your Information may apply to your information, and may be different from those in the Relevant Territory where you live. Due to this, different standards of protection of your information may apply, depending on the relevant jurisdiction in which your information is Accommodated. We (and the third parties we work with) implement procedures to guarantee reasonable levels of data protection when we store and process your information. By accepting this Privacy Policy, you consent to all aspects of the Accommodation of your information in other territories. To the extent permissible in the Relevant Territory where you live, by using the Services, you waive whatever right you may have to ensure that your information is Accommodated in a particular territory.

Children

Napster is committed to the protection of the privacy and safety of children. Pursuant to our Terms of Use , you must be at least 18 years old (or the age of majority in the territory where you live, whichever is higher) to create an account, and at least 13 years old (or the legal minimum in the territory where you live, whichever is higher) (the “Minimum Age”) to use the Services. We do not knowingly collect information from children under the Minimum Age. Do not submit any personal information of anyone under the Minimum Age to us. If we learn that we have collected personal information from someone under the Minimum Age, we will take measures to promptly delete that information. Please contact us at privacy@napster.com if you believe we have inadvertently collected such information.

Changes to this Privacy Policy

We may, at our sole discretion, change this Privacy Policy from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy, and for significant changes, we may provide you with additional notice (such as by sending you a notification) or ask you to explicitly accept the new version of this Privacy Policy. Any changes will become effective 14 days after notification. If you object to any of the changes, you may terminate your account and stop using the Services. If we do not ask you to explicitly consent to the changes, your continued use of any Service or your explicit consent following a change will constitute your binding acceptance of the change.

WHAT THIS MEANS TO YOU: We encourage you to review our Privacy Policy whenever you access or use the Services to stay informed about our information practices, any new changes or related advances, and the ways you can help protect your privacy. If you object to changes we make to this Privacy Policy, you may terminate your account and stop using the Services.

Contact Us

If you have questions or complaints, or want information about the information we have collected, you may contact us at privacy@napster.com.

Territory-Specific Information

Additional information or resources apply in certain territories. Please read the following information, if applicable to the Relevant Territory in which you live:

  1. Brazil

    Brazilian law shall apply to your use of the Services, including specific provisions about privacy. In order to comply with the applicable law, Napster will store data related to your activities when using the Services, such as access logs, for the term established by Law 12.965/2014 or another updated regulation that replaces or modifies it.

    Once you stop using the Services, you may request the deletion of all data related to your use of the Services – this, however, shall not prevent Napster from complying with the storage obligations set forth by Law 12.965/2014 or another updated regulation that replaces or modifies it.

  2. Germany

    Soweit Napster vorstehend erklärt, nicht verantwortlich zu sein und keine Verantwortung zu übernehmen für jedwede Nutzung Ihrer Informationen durch Dritte oder für die Datenschutzpraktiken jedweder Dritten, so gilt dies nicht für die Haftung von Napster für Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit, die auf einer fahrlässigen Pflichtverletzung von Napster oder einer vorsätzlichen oder fahrlässigen Pflichtverletzung seiner gesetzlichen Vertreters oder Erfüllungsgehilfen beruhen und dies gilt ferner nicht für die Haftung von Napster für Schäden die auf einer grob fahrlässigen Pflichtverletzung von Napster oder auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung der gesetzlichen Vertreters oder Erfüllungsgehilfen von Napster beruhen.

  3. Canada

    To learn more about how we use your information with our advertising partners to target ads to you, or to opt out of the use of your information for advertising purposes, please visit the DAAC Consumer Opt-Out page.

    For additional information on your rights regarding the collection and use of your personal information, you may contact the Office of the Privacy Commissioner of Canada:

    30 Victoria Street
    Gatineau, Quebec
    K1A 1H3
    Toll Free: 1-800-282-1376
    Phone: 819-994-5444
    Fax: 819-994-5424
    TTY: 819-994-6591
    www.priv.gc.ca

    For additional information on your rights regarding the use of computer programs to collect your personal information, you may contact the CRTC:

    Canadian Radio-television and Telecommunications Commission
    Les Terrasses de la Chaudière
    Central Building
    1 Promenade du Portage
    Gatineau, Quebec
    J8X 4B1
    Toll Free: 1-877-249-CRTC (2782)
    Toll-free TTY: 1-877-909 CRTC (2782)
    Tel: 819-997-0313
    www.crtc.gc.ca

  4. Europe

    Before you will be allowed to register for an account and use the Services which are available to registered users, you must explicitly consent to this Privacy Policy. Except to the extent that our use of your personal information is necessary to provide you with the Services or for billing purposes or applicable law permits our processing of your information without your consent, you may revoke any consent to process your information in the future or object to a specific use of your information (such as for advertising or market/opinion research). At your request, we will also confirm what personal information we hold about you, update or correct your information, remove your information, and fulfil specific opt-out requests. To make such a request, please contact privacy@napster.com. If you opt out of our collection or use of certain information, however, you may not be able to use some or all of the features of the Service.

    The data controller for your personal information is:

    Napster Luxembourg S.a.r.l.
    60, Route de Luxembourg, L-5408 Bous, Luxemburg
    Registration Number: B 110203
    legal@napster.com

    You may contact our data protection team at dataprotection@napster.com.

    We do not collect information from you for the purposes of advertising if we believe you to be in the European Economic Area (“EEA”).

    Napster may transfer, store, and process your personal information outside the EEA, including in India (for customer support purposes only) and the United States of America. Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of such countries may be accessed at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html ). Where your personal information is to be shared outside the countries considered adequate by the European Commission, we take measures to ensure appropriate levels of protection for all such information. This transfer may occur because it is necessary to enable the Services you request, pursuant to contracts in your interest or at your request, or for other legitimate operational and management reasons. By accepting this Privacy Policy and using the Services, you consent to this transfer.

    You may lodge a complaint with your territory’s supervisory authority if you have a concern about the manner in which we process your information.

    In the European Union, the Minimum Age is 16.

  5. USA

    To learn more about how we use your information with our advertising partners to target ads to you, or to opt out of the use of your information for advertising purposes, please visit the DAA Consumer Opt-Out page or the NAI Opt-Out page.

  6. USA: California

    California law permits residents of California to request and obtain removal of personal information pertaining to them from online services. It also permits all California residents to request certain details about how their personal information is shared with third parties for direct marketing purposes. To make these types of requests, please contact us at privacy@napster.com.

    Pursuant to California law, you may opt out of the use of your personal information for marketing purposes by updating your cookie settings at www.napster.com/cookie-settings. Napster does not sell your personal information to third parties.

    Pursuant to California law, residents have the right to receive equal service and pricing from a business. Napster can’t deny service to those residents who exercise their privacy rights.

    Further, California law requires that commercial websites such as ours disclose to residents of the state how we address “do not track” browser settings. There is currently no industry-wide practice or consensus on how to proceed. We therefore do not vary our existing practices when in receipt of “do not track” signals.