Rhapsody Privacy Policy

The law on cookies in the UK changed on 25 May 2011. We are currently assessing the impact of the changes and are taking steps to comply with the rules. For example, we are auditing our use of cookies to enable us to provide you with additional information about them and to decide what solution would be most suitable for obtaining consent to cookies used on our website.

In the meantime, you can find a general statement about the types of cookies that are used and how to disable them through your browser settings in the “Use of Cookies” section of this Privacy Policy.

If you have any questions about Rhapsody’s use of cookies or this Privacy Policy, please contact us at the address provided in the “Contact Us About Privacy” section below.



Rhapsody International Inc. and Napster Luxembourg Sarl ("RI") are committed to protecting the privacy of your Personal Information (defined below). This Privacy Policy explains how RI collects and utilizes Personal Information to enhance your experience during your use of our products and services.


WHY DOES RI COLLECT PERSONAL INFORMATION?


RI collects Personal Information to improve the manner by which RI operates and offers its products and services, communicates with you about those products and services, and provides effective, timely customer support when needed. RI does not intentionally collect Personal Information from users under 13 years of age.


WHAT PERSONAL INFORMATION DOES RI COLLECT?


“Personal Information” is information about a living individual who is identified or identifiable from that information. To access or download any of RI's products and services, including free trials, you must open an account via one an RI online or mobile registration process. Personal Information is gathered during the registration process or when you access our products and services, including the Rhapsody Social Network, and may differ based on the nature of the product or service. The Personal Information collected may include: name and email address, billing information, information concerning software downloaded, products and content purchased, accessed, downloaded and/or burned through RI products or services (including, in the case of music products, tracks streamed, purchased or saved in libraries or playlists), location information (such as zip code or postal code and country), computer configuration (such as operating system, connection speed, and peripherals), the IP Internet (IP) address and URL of the website that sent you to the relevant RI registration page, the types of peripherals (including portable media players) used by RI 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, demographic information provided by you (such as language, gender and age, and, if applicable, content preferences and personalization information), and whether you logged into or out of an RI service, or changed your password or billing information.


HOW DOES RI KEEP YOUR PERSONAL INFORMATION SECURE?


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

• Use of secure connections using SSL to safeguard information when transmitted from your Web browser to RI;
• 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 RI USE YOUR PERSONAL INFORMATION?


RI uses your Personal Information to:

• Deliver to you and bill you for RI products and services, and communicate with you concerning your account and customer service issues. 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, or to the Music Store);
• Verify access rights to premium content or other access-restricted services and software, including for the purpose of supporting digital rights management software;
• Improve our software and services by providing personalized content recommendations, language and location customization, and/or personalized help and instructions;
• Determine if you meet the minimum system requirements to use our products, and provide information concerning compatibility and interoperability to you;
• Track content access, downloads and burns for the purpose of paying royalties and license fees to third party providers, such as record labels and other copyright holders and content distributors;
• Track registration traffic for purposes of paying advertising partners;
• Ask you to participate in surveys about products, services, news and events;
• Offer you product upgrades, content, services and games for you to purchase;
• Create your Rhapsody Social Network profile;
• Provide you with content, services, instructions, and a more personalized experience based on non-sensitive Personal Information, such as your language preferences, zip/postal code, country locations, and any content or other preferences you provide;
• Auto-update downloaded RI products;
• Provide you with news, free newsletters, updates, targeted advertising, promotions, and special offers;
• Better understand how our products are used, including Web traffic patterns and what types of content are most popular with users of our products and services; and
• Test and develop upgrades and improvements to our products and services.

Rhapsody International Inc and Napster Luxembourg Sarl may share your Personal Information with each other and other members of their group of companies. 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. Where Rhapsody International Inc and Napster Luxembourg Sarl receive your Personal Information from the other, the further processing of that Personal Information going by that recipient will be in accordance with this Privacy Policy. By providing us with your Personal Information you are consenting to sharing and use within our group of companies.


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


RI does not use your Personal Information for purposes incompatible with those listed in this privacy policy or in any specific privacy notice we may provide to you at the time of collecting your Personal Information.

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. RI may also receive your Personal Information from third party service partners and advertisers in an effort to facilitate personalization of your content preferences. The third party's use of such information is governed by that party's privacy policy, and RI's use is governed by this privacy policy. Please visit the privacy policy of the content partner to make sure you understand how they use the Personal Information you provide to them. If you do not wish for such a transfer to take place, you should not register for the applicable product or service. If you do not wish for your information to be shared with our mobile advertising partner, JumpTap, please click here.

Additionally, RI 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, RI may provide content usage, access, demographic and other information without your personally identifiable information (your name, billing information, email address) to the content provider.

RI is not responsible for nor does it assume liability for any third party's use of Personal Information in violation of its own privacy policy or applicable law.

RI may disclose relevant information about its customers to our contractors (e.g. a customer service contractor or a credit card clearing service) in order for them to provide specific services for RI to better serve our customers. RI'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 RI.

If RI merges with, is acquired by, or transfers ownership of its shares or assets to another entity, RI may share your Personal Information with that entity. Any such disclosures will remain protected by the then-current Privacy Policy. In the event that RI files for bankruptcy or the equivalent under local law RI will not sell any Personal Information if the relevant RI service is terminated as a result of the bankruptcy.

Also, RI may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on RI; (d) protect and defend the rights or property of RI; or (e) act in urgent circumstances to protect the personal safety of users of RI products or the public at large.

RI websites and products contain links to other websites and products. RI is not responsible for the privacy practices or the content of such websites or products. Please visit the privacy policies of these third party sites in order to understand their privacy policies and data collection practices.


Obligatory or Optional Nature of the Requested Information


In certain instances, we may provide you with the option to select whether you would like to receive information from us or from trusted third parties (for example, by choosing to opt-in or opt-out of receiving special promotional offers). In some circumstances, you will not have the option to opt-out, such as when we are satisfying the obligations of a contract with you, administering a transaction requested by you, or as required by law.

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.

Some of the Personal Information collected by RI is necessary to provide you with the RI product or service you choose and to optimize the delivery of audio and video data to your computer. RI software may include the opportunity to disable certain software features to increase your level of privacy. However, certain technical information (e.g., zip code, product id, GUID) may be automatically transmitted between networked servers to authenticate access to products and services, enable their delivery, or optimize your media delivery experience.


RHAPSODY SOCIAL NETWORK


The RI Service and Application provides you with access to the RI social network feature ("RI Social Network"). The RI Social Network allows you to discover music by making social connections with other RI Social Network members, sharing your playlists and listening preferences, and locating your friends' RI Social Network profiles via integration with other third party services such as Gmail and Facebook. By using any of the RI Services you are automatically a member of the RI Social Network and you understand that other members of the RI Social Network may discover your RI Social Network profile via integration with third party services that they use.


Customizing Your User Profile


You may choose whether to use the RI Social Network feature by making your profile public and creating social connections with other users. To customize your profile, you must log in to www.napster.co.uk, 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 RI Social Network. Your RI Social Network profile settings also give you the option to share your listening preferences on Facebook. By choosing to connect your RI Social Network profile to your Facebook account, you understand that your Rhapsody 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 RI Social Network to connect with other users.


E-MAIL FROM RHAPSODY


Registering for a product or service allows you to tell us how or whether you want RI to communicate with you. Generally, RI sends e-mail about its products, content and special offers. During registration, you may opt out of receiving RI marketing e-mails and/or newsletters. Additionally, your online RI account, accessed through the "My Account" link provided in emails and on RI Web pages, enables you to select whether you wish to receive newsletters, marketing, promotional emails, and special offers. However, RI may continue to send you e-mail about products or services you have previously purchased (such as an available upgrade that you are entitled to receive), your account status or other information concerning functions, features and status of your RI products and services, or to inform you about critical technical service issues relating to a RI product or service.


HOW TO ACCESS AND UPDATE YOUR PERSONAL INFORMATION


To access your account information and preferences, select "Manage My Account" from the menus on the RI 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.co.uk, 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 Rhapsody Social Network profile sharing settings you must log in to your account at www.napster.co.uk; select the "My Music" menu; then click on "Profile".

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


USE OF COOKIES


Like other major websites, RI uses cookies. Cookies are pieces of text sent from a web server and retained by your web browser: We use cookies for the following purposes:

• Monitoring traffic on our websites and understanding traffic patterns, by collecting the IP address from which you access the site, the type of browser and operating systems used to access the site, the date and time of your access, the pages you visit and the Internet address of the website from which you arrived on our website
• To compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related site information
• To register you for our products and to recognize your preferences
• To enable parts of the website to operate and provide you with the services or products requested (for example processing payment)
• To recognize repeat visitors for statistical / analytical purposes
• Anonymous tracking of interaction with online advertising, e.g., to monitor the number of times that a banner ad is displayed and the number of times it is clicked.
• RI also uses cookies to authorize access to certain premium or trial content and product features.

We may also use clear gifs (also known as web bugs or web beacons), which are tiny graphics embedded in web pages and email messages that we use, in connection with cookies, to collect non-Personal Information from users to analyze site usage, manage content on the site, track visits to other related sites, and track the performance of online advertising.

We may also connect the information that we collect through cookies and clear gifs with other Personal Information that you provide to us in order to:

1. customize or personalize your experience of the website and products and provide you with a tailored experience; for example, so that we can greet you when on the website;

2. conduct transactions, such as credit card sales; and

3. monitor your use of our website(s) in order to make our communications to you as relevant as possible and for other marketing and advertising research purposes.

RI also works with online advertising companies who may use cookies to track your browsing preferences and provide targeted advertisements based upon those preferences. Some of these advertisers are members of the NAI (Network Advertising Initiative) which provides you the option to stop receiving targeted advertisements at the following link: http://www.networkadvertising.org/managing/opt_out.asp.

RI treats any Personal Information that may be collected from cookies and gifs with the same level of protection as other Personal Information you provide to RI.

RI does not compel acceptance of cookies; however, some functionality on our websites, product purchase check-out process, and products and services may be disabled if you decline to accept cookies, as they are integral to the operation of parts of the website. You can disable cookies within your browser or set your browser to notify you and give you the option to decide whether or not to accept each cookie you receive. For information on browser cookie preferences please click here. You may also change your cookie settings through preferences options in our products.


CHANGES TO THE PRIVACY POLICY


RI may revise this Privacy Policy as needed to keep it up to date with RI products, services and Web pages. "Updated" may be used to alert users to recent changes and to the date of the last update. RI also posts FAQs from time to time on specific products.


NON-US CUSTOMER INFORMATION


The Personal Information practices set out in this Privacy Policy apply to all RI customers. Personal Information which we collect is primarily stored and processed in the US, but we may also use technology to process it which is located in other parts of the world. The laws relating to privacy or data protection in these locations may differ from, and in some cases do not provide an equivalent level of protection to, that which you may enjoy in the country in which you reside or otherwise access our website. By providing any Personal Information to us, you fully understand and clearly consent to the transfer of such Personal Information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by RI will be in accordance with this Privacy Policy.


NO ERROR FREE PERFORMANCE


RI customarily releases alpha and beta versions of our products, which are further refined before the release of the final version. Because these products are still in a test phase, RI may not always catch an unintended privacy issue, despite our efforts to do so. As such, RI welcomes feedback on any privacy concerns you may have, and on how to improve RI products generally, in all stages of release. RI will take prompt corrective action when RI learns of any failure to comply with it. RI shall not be liable for any incidental, consequential or punitive damages relating to this 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 would like to unsubscribe from RI communications or from all communications about RI brands, or if you have questions about the privacy aspects of our products or services or would like to make a complaint, please contact:

Privacy Policy Group
Rhapsody Legal Department
500 3rd St #460
San Francisco, CA 94107



SPECIFIC TOPICS


NOTE: Rhapsody is a trademark of Rhapsody International Inc,
Last modified: February 22, 2012





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