Napster Privacy Policy

Last Update: June 2014

This Privacy Policy explains how Napster Luxembourg S.à r.l. ( “Napster”) collects and utilizes Personal Information.

Napster will act as a data controller in respect of your Personal Information.

Napster Luxembourg S.à r.l.
60, Route de Luxembourg, L-5408 Bous, Luxemburg
Registration Number: B 110203
E-mail: legal@napster.com
Phone: +352 (2) 6005-233

WHAT PERSONAL INFORMATION DOES NAPSTER COLLECT?

“Personal Information” is information about a living individual who is identified or identifiable from that information. To access or download any of Napster's products and services, including free trials, you must open an account via a Napster online or mobile registration process. Personal Information is gathered during the registration process or when you access our products and services, including the Napster Social Network, and may differ based on the nature of the product or service. The Personal Information collected may include:

  • Name, email address, and location information (such as zip code or postal code and country);
  • User Name and password;
  • billing information;
  • IP Internet (IP) address and URL of the website that sent you to the relevant registration page, the types of peripherals (including portable media players) used by Napster products on your computer (to ensure that you have access to the latest fixes and patches for full compatibility with these devices), your device's Unique Device Identifier (UDID);
  • geographic location and demographic information provided by you (such as language and, if applicable, content preferences and personalization information);
  • information concerning software downloaded, products and content purchased, accessed, and/or downloaded through Napster products or services (including, in the case of music products, tracks streamed, purchased or saved in libraries or playlists), computer configuration (such as operating system, connection speed, and peripherals)

HOW DOES NAPSTER KEEP YOUR PERSONAL INFORMATION SECURE?

Napster understands that it is a privilege to have you as a customer and has implemented the following controls to protect your Personal Information:

  • appropriate technical and organizational procedures to protect your Personal Information against unauthorized alteration, disclosure or destruction;
  • Use of secure connections using SSL to safeguard information when transmitted from your Web browser to Napster;
  • Use of security controls to restrict access to databases housing Personal Information;
  • Use of encryption or obfuscation to protect special categories of Personal Information, such as credit card numbers, UDIDs and user names;
  • Restrict employee access to databases containing Personal Information; and
  • Bind subcontractors with contractual, technical, and organizational measures to protect your Personal Information.

HOW DOES NAPSTER USE YOUR PERSONAL INFORMATION AND FOR WHAT REASON?

Napster uses your Personal Information to:

  • Deliver to you Napster products and services, and communicate with you concerning your account and customer service issues.
  • For billing purposes, including for the purpose of paying royalties and license fees to third party providers, such as record labels and other copyright holders and content distributors. This may include verifying authorization of credit card usage before any purchase of premium content or services (e.g., for the purposes of access to a free trial);
  • Verify access rights to premium content or other access-restricted services and software, including for the purpose of supporting digital rights management software, and to prevent any misuse of Napster services;
  • Determine if you meet the minimum system requirements to use our products, and provide information concerning compatibility and interoperability to you;
  • For the purposes of advertising and market research; if you do not want us to use your data for purposes of advertising or market research, please go to Napster website, log-in, click “Preferences” under “My Account”;
  • to provide you with content recommendations based on the tracks streamed, the type of genre and the tracks, albums and artists you declare as “favourites”, and based on what other user profiles you follow; and
  • Where and to the extent that we have your consent, send Email advertisements, e.g Napster newsletters, other information about our products and services.

Napster may store and process Personal information outside the European Economic Area (the “EEA”). The European Commission considers that, with narrow exceptions, countries outside the EEA do not provide the adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. Where your Personal Information is to be shared with companies outside the EEA, we implement safeguards with the recipients of your Personal Information to ensure appropriate levels of protection for all such information. This transfer may occur because it is necessary to enable the products or services requested by you to be provided or for other legitimate operational, management or other reasons.

WHEN AND HOW DOES NAPSTER SHARE YOUR INFORMATION WITH THIRD PARTIES?

In some cases, access to certain products and services, such as content subscription products or products distributed by third parties may require the provision of Personal Information to a third party, such as a content provider, advertising network, or distributor.

Napster may disclose Personal Information to our contractors (e.g. a customer service contractor or a credit card clearing service) in order for them to provide specific services for Napster to better serve our customers. Napster’s contractors are bound by strict contractual requirements to keep all Personal Information they process strictly confidential and to use such information solely on behalf of Napster.

To the extent permissible by the relevant Data Protection laws and to the extent that we have obtained your consent where required, we may share Personal Information for third party advertising and market research. If you do not want us to share your Personal information with third parties for promotional activities or for market research purposes, please click here.

Additionally, Napster may be required to provide specific access and usage information to certain content providers and rights holders as a condition of content licensing. In such cases, Napster may provide content usage, access, demographic and other information without your personally identifiable information (your name, billing information, email address) to the content provider.

If Napster merges with, is acquired by, or transfers ownership of its shares or assets to another entity, Napster may share your Personal Information in this context with the bidders and acquiring entity. Any such disclosures will be in strict accordance with our Privacy Policy.

Also, Napster may disclose your Personal Information if required or permitted to do so by law, e.g. to comply with the order of a competent judicial authority in any jurisdiction.

Obligatory or Optional Nature of the Requested Information

In connection with the registration process we ask you to explicitly consent to the Napster Privacy Policy. Some of the Personal Information collected by Napster is necessary to provide you with the Napster product or service you choose or for billing purposes. Except to the extent the use of personal information is necessary for such contractual purposes or another lawful reason under applicable law permits our processing without your consent, you may revoke any consent(s) to process your personal data that you have given to us in respect of future processing by Email. This may impair or prevent due functioning of the Napster Service.

In certain instances, we provide you with the option to object to a specific use of Personal Information, e.g. you may object to a use of Personal information for purposes of advertising or market or opinion research by Email.

You may choose to provide us with personal information if, for example, you: contact us with an enquiry; register on the site; forward an item to a friend; purchase an item; fill out a survey or other form with your personal information included; request us to provide you with information; enter a competition; post information to public areas of the site; or take advantage of a promotion.

SOCIAL NETWORK

Napster provides you with access to a joint social network of Napster and Rhapsody International Inc ("Social Network"). The Social Network allows you to discover music by making social connections with other Social Network members, sharing your playlists and listening preferences, and locating your friends' Social Network profiles via integration with other third party services such as Gmail and Facebook. Upon registration for any of the Napster Services you automatically become a member of the Social Network.

You may choose whether to use the Social Network feature by making your profile public and creating social connections with other users. To customize your profile, you must log in to https://secure-www.napster.de/authentication/login select the "My Music" menu, then select "Profile."

Your profile settings give you the ability to display a photo, write a short bio, and make your playlists, library and listening history public within the Social Network. Your Social Network profile settings also give you the option to share your listening preferences on Facebook. By choosing to connect your Social Network profile to your Facebook account, you understand that your Napster listening selections will automatically be displayed within your Facebook profile and linked to your name within the Facebook newsfeed.

If you do not choose to make your profile public, only your genre and artist listening preferences will be anonymously displayed. Your default anonymous profile will not show any Personal Information, nor will it show any playlists you have created. Within your profile settings, you are also given the option to completely hide your profile. If you choose to hide your profile, none of your listening preferences will be displayed, and you will not be able to use the Social Network to connect with other users.

HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION

To access your account information and preferences, select "Manage My Account" from the menus on the Napster software. Sign in to your account and modify your information and preferences as needed. You may also review and update your account on the web at www.napster.com, by selecting "My Account," and logging in using your name and password.

When you access your account by logging in, you can update and/or make sure that your account information is accurate. You can also manage your preferences concerning receipt of newsletters, promotional emails, and profile sharing settings. To Edit your Social Network profile sharing settings you must log in to your account at www.napster.com, select the "My Music" menu; then click on "Profile".

If you have forgotten a username or password, please refer to Napster’s online help resources.

USE OF COOKIES

Like other major websites, Napster uses cookies.

A cookie is a small text file that is stored in your web browser or device that allows Napster or a third party to recognize you. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to administer various marketing programs.

Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser or application. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves. Cookies placed by the website you’re visiting or application you’re using are sometimes called “first party cookies,” while cookies placed by other companies are sometimes called “third party cookies.” Napster uses session and persistent cookies as well as first party cookies and third party cookies.

If you don’t like the idea of cookies or certain types of cookies, you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies.

For further details and your cookie options please see our Cookie Policy.

CHANGES TO THE PRIVACY POLICY

Napster reserves the right to revise this Privacy Policy. We will notify you of any changes in an appropriate form in advance. The changes will become effective, unless you object to such change within 14 days upon notification. In case you use our website after notification about a revision of the Privacy Policy, such use will constitute your acceptance of the revised Privacy Policy.

CONTACT US ABOUT PRIVACY

At your request and where the law requires us to do so, we will confirm what Personal Information we hold about you, update your information, remove your information, fulfill specific opt-out requests, including requests where you have previously opted-in with respect to the use of your Personal Information, and/or correct any inaccuracies in such Personal Information if you contact us using the unsubscribe details provided below.

If you wish to obtain access to or copies of the Personal Information which we hold about you please contact us using the details provided below.

If you would like to unsubscribe from Napster, please contact customer service at www.napster.com/support.

If you have questions about the privacy aspects of our products or services or would like to make a complaint, please email us at privacy@napster.com.

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.