NAPSTER

Click to Verify : Reviewed by TRUSTe site privacy statement

NAPSTER PRIVACY POLICY

Effective March 31, 2006

If you need Napster Customer Support assistance, please click here. Sending an email to Napster's privacy officer will cause a delay in response and assistance.

Welcome to Napster's online music services available at www.napster.co.uk (the "Service"). We value your privacy, and we want you to know what information we collect and what we do with it.

Napster is a licencee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organisation whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. This privacy policy covers the site www.napster.co.uk and the Napster music service accessible from that site. Because Napster wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact us at privacy@napster.co.uk. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe through http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with Napster to resolve your concerns.

The TRUSTe program covers only information that is collected through this Web site, and does not cover information that may be collected through software downloaded from the site.

Napster complies with the EU Safe Harbor framework as set out by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

From time to time, we may make changes to this policy, so please review it frequently. Whenever we make a change, we will post or otherwise make available the revised policy. We will endeavor to post the changes before they become effective. The effective date of the most recent version of this policy will appear at the top of this page. This policy applies to any information we collect from you. If we make any material changes to this policy, we will notify you here, by email or by means of a notice on our home page and/or sign-page that you must view to enter the service.

WHEN WE COLLECT INFORMATION

We have several areas where you can submit information to us, and we also have features that automatically collect information from users of our Service.

INFORMATION YOU PROVIDE TO US. We have certain areas where we ask you to provide information to us: • Registration. You must register with us to use our Service. We may also offer options for you to sign up for our mailing lists without having to use any product or service.
• Napster Light. During registration to our general service or "Napster Light" (which may be used without charge), you must provide your email address, and you will be asked to choose a member name and password. If you are accessing our service through a Partner (defined below), your member name and password may be pre-selected depending upon the particular Partner through whom you accessed the Service. You will also be asked during registration, but not required, to provide further information about yourself (such as favourite music genre, Instant Messenger client, if you have one, , city, county, interests, brief bio) for your "Public Profile" that other Service users will be able to access as part of Napster's "Community Features" as described further below. After you register for the Napster Light service, if you decide to obtain tracks or purchase any other items from Napster, you will be required to provide credit card and personal billing information.
• Subscription Service. During registration to our "Subscription Service" (for which you must pay a subscription fee), you will be required to provide your credit card and billing information. For certain promotional offers, you may be able to access the Subscription Service without first providing a credit card. The Subscription Service has a standard tier, as well as a premium "Napster To Go" tier, for which you may register and pay an additional amount.
• Communications from Us and Mailing Lists. In order to keep our members informed about the operation of our Service, we may send e-mails and announcements to your personal email address that you have provided to us upon registration. We may also send promotional emails to your service "Inbox" (described below). For additional information and offers, we give our members the option of joining our mailing lists. We may also allow you to choose whether to receive mailings from record labels and other promotional partners that we think will be of interest to you (see "With Whom We Share Your Information" below). You can change your options in the "My Account" section of the service. Each promotional e-mail from us will come with instructions for how to unsubscribe from the mailing list.
• Communications with Us. Our Service has features that allow you to submit information to us (such as when contacting us with a question or problem related to the service). We may retain your emails and other information you submit to us for our internal purposes and to help us to serve you better.
• Communications with Friends. Our Service may also have certain features that allow you to send information to others (such as via a "Tell a Friend" or e-card feature). Currently, all Service members will be provided with a Napster "Inbox" that allows them to exchange messages with other Service members and also to send messages to nonmembers. Messages may be addressed to a person's Napster member name (which will go to their Inbox) or to any personal email address. Messages may contain compilations of Napster tracks as well as a brief amount of text. In order to host this feature, for as long as you keep messages in your Inbox, Napster will keep copies of those messages. We may monitor such messages via electronic software or personnel to check for obscenity, defamation or other types of abusive language, as well as for content that may infringe our rights or the rights of others, all of which we may remove at any time. We will not otherwise access these messages except in unusual cases, including but not limited to times when we receive specific complaints related to a particular message or are compelled to do so by law. To maintain storage capacity, we expect to regularly delete message files, including messages in any user's Inbox, that are older than 30 days and we reserve the right to do so more or less frequently. Also for administrative purposes, we will keep a mail log that will include a record of which users sent messages and to which users or email addresses they were sent. We will use the addressee information you enter only to send the emails you request.
• Community Features. We also may offer community features designed to help members find songs they like, for example, by viewing songs that other members have recently streamed (for Subscription Service members) or made part of their personal music collections. Currently, if you are a Service member, your Napster member name will be shown in connection with these features (and other members will be able to access your Public Profile) unless you choose not to participate, either during registration or at any time afterwards in the "My Account" section of the service. Subscription Service members may also access features such as message boards that allow members to communicate with each other. All personal information you send or post via community features, including in your Public Profile, becomes public information, and we are not responsible for any information you choose to make public. We may, but are not obligated to, monitor such community features via electronic software or personnel but only to check for obscenity, defamation or other types of abusive language, as well as for content that may infringe our rights or the rights of others, all of which we may remove at any time.
• Competitions and Prize Draws. We may also hold competitions or prize draws in connection with the Service, or in partnership with one or more of our Partners or sponsors, as part of which, we may request contact information from you when you enter. We will use the information you provide to conduct the competitions or prize draws and for other purposes to which you consent. If we offer competitions or prize draws with third parties, we may share the information we obtain from you with them. If that is the case, then we will notify you that we are sharing your personal information with such partner at the point where we collect it and you will be able to choose whether or not to participate in the applicable competition or prize draw.
• Surveys. We may occasionally ask you to participate in voluntary surveys. These surveys are intended to improve your service experience and any information you provide we may associate with your member name for future use. Any personally identifying information collected will be used only by us unless we specify otherwise. However, we may share aggregate survey result information with others.

CHILDREN

Napster does not allow registration for the Service from children under the age of 13. Children over 13 must have their registration approved by a parent or legal guardian who must tick the consent both to enter into the provision of Service agreement with Napster. The parent or legal guardian is therefore responsible for checking all details given by the child and Napster encourages all parents and legal guardians to provide their own email address for contact purposes. Napster also encourages all parents and legal guardians to instruct their children in the safe and responsible use of the internet and disclosure of their personal information.

INFORMATION WE RECEIVE FROM THIRD PARTIES. • You may also separately provide registration and purchasing information to websites, retailers, OEMs, software suppliers or other commerce, product or service providers through which we provide access to registration for our Service ("Partners"). Depending on the particular promotion, when you register for the Service through a Partner, that Partner may provide us with a user/member name that you already use with that Partner's products or services or that you or it have otherwise pre-selected as part of the promotion.
• As you are using our Service, you may click through certain links or promotions that will enable you to purchase products or use services provided by Partners or other sites or commerce providers. Some of those entities may share with us certain information that you provide to them. By clicking through to those links or promotions, you agree to allow us to receive and use any information, except for credit card information (account number, expiration date) that you may provide to such entities, under the same terms as if you provided it to us directly.
• You may also separately share your information with other sites or entities, such as those that create professional marketing lists, which may agree to share your information with us. Whether or not any third party actually shares your information and to what extent they do share with us will depend on their agreement with us and their individual privacy policy. Napster is not responsible for, and will assume no liability if a Partner or other site or commerce provider collects, uses or shares, any information about you in violation of its own privacy policy, or applicable law.
• We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide relevant offers in which we think you may be interested. To enrich our profiles of individual customers, we may tie this information to the personally identifiable information they have provided to us.

AUTOMATIC DATA COLLECTION

Napster Client. After you register for the Napster Service, you will be prompted to download our Napster software application ("Napster Client"). In order to make sure the Napster Client is functioning at its best, from time to time we may send the Napster Client automatic fixes, support files, etc. Napster employs software that is used to protect the copyrights associated with the tracks you listen to or obtain. In order to make sure that artists and copyright owners receive applicable royalties, this software identifies and counts the songs you have obtained and/or accessed including, if you are a Napster To Go member, tracks that you may have listened to offline on compatible portable devices. At the aggregate level (i.e., not tied to the personally identifying information of any user), we use this data to report and pay royalties, for internal analysis and we share this data with certain Partners for their own analysis. We do not share your personally identifying usage data with any third parties. We may use your personally identifying usage data for a variety of service-related purposes.

From time to time, the security on the Napster Client software may be upgraded by our supplier, which is currently Microsoft. Microsoft advises us that for security upgrades, your player will connect to an Internet site operated by Microsoft and will be sent a security file, along with a unique identifier, which does not contain any personal information about you and is not used to personally identify you or track your activities. Microsoft uses this information to prevent security breaches that could affect you. For more information, please feel free to read Microsoft's privacy policy at http://www.microsoft.com/Windows/windowsmedia/software/v7/privacy.asp#_Security_Upgrade_(Individualization).

Further, when you access the Service through a Partner and download the Napster Client, we will add certain of your registration information (such as your member name and, if applicable, the Partner or promotion through which you registered) to the registry settings on your computer's hard drive, so that we can recognise which of our Partners or other sign-in pages to send to you when you log on to the Service.

Cookies. We use cookies for several purposes. Within the Napster Service, we use what are commonly called "session" cookies, meaning that they only last as long as you are online. We use these cookies to identify you as a valid member so that we can deliver music to you, to ensure that no one else can sign on simultaneously with your account from another computer and to help us personalise your service experience based on your registration preferences (such as genre choice, your connection speed, and your preference with regard to receiving songs that contain explicit lyrics and the country you live in. We may also use session cookies to help us facilitate any promotions or surveys that we provide. These cookies do not contain any personally identifying information and we do not store data collected by them.

As part of the sign-in process, we may also use what are commonly called "persistent" cookies which stay with you after your session is over and you are offline. We use these cookies in connection with a sign-in feature that allows you to save your member name and password so that the next time you sign in, these fields will be prepopulated for you. If we make this cookie available, it can only be activated if you select that option during your sign-in. If you select that option you can always deselect it each time you sign-in.

We sometimes use cookies, as well as tracking technology, such as web beacons, within the promotional emails that we send to our members or advertisements for our Service. These technologies help us to track, for example, whether an e-mail recipient has completed an event, such as signing up for a free trial. The generated information is related to non-personally identifying customer identification numbers and is only analyzed at aggregate levels. We may send these emails via third-party service providers that act on our behalf.

We sometimes use third party service providers to help us track the activity and user flows within our service. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking. Such tracking would track an individual user's movements but the data would not be tracked in a personally identifiable way. Such data would be stored and analysed on an aggregated basis for the purposes of internal analysis by Napster to improve the Service.

Our advertisers and other third parties whose products or services are promoted on our site may also use cookies, and we advise you to check their privacy policies for information about their cookies and other privacy practices.

You are not obliged to accept cookies. Most web browsers automatically accept cookies but you may modify your browser so that it will not accept cookies. Please use the help tools provided with your browser to find out how to achieve this.

Other. In order to personalise our service for your enjoyment and to monitor and improve the performance of our technology, we capture other data such as members' search criteria and results. We only share this data on an aggregate basis. Also for internal purposes, we gather information such as date, time, connection speed and IP address of all service users. We keep this information for our internal security audit log, aggregate trend analysis, and system administration.

WITH WHOM WE SHARE YOUR INFORMATION
Your information may be shared with our US parent company Napster LLC and with any other companies within our group. If you consent to receive information from our record label partners during registration, we may share your registration information with those partners and, if we so indicate to you, with other promotional Partner(s) that may have facilitated your registration. Our Partners' and record label partners' and other's use of such information, including targeted promotions, will be subject to our and their privacy policy. Any personal registration data that we share is not authorised by us to be transferred by the recipients of that data to third parties or used for mass distribution of emails or other activities that might be considered "spamming." We do not share your credit card account information with Partners or any other third parties.

Personal information collected on this site may be stored and processed in the United States by our parent company Napster, LLC or, if shared with them as described herein, by our record label partners or by any other Partner, or may be stored and processed in any other country in which Napster, LLC, such Partners or record label partners maintain facilities, and by using this site, you consent to any such transfer of information outside the UK. If we intend to share your information with a Partner based outside the EU, you will be notified prior to collection of that information and if you do not want your information to be shared, you will be able to choose not to allow your information to be shared by not using or signing up for that particular service, promotion or contest. Napster, LLC abides by the safe harbor framework as set out by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Other than as set out in this policy, we do not share your personally identifying information with other companies. • We will share information with companies acting as our agents in providing our Service to you, all of which agree to use it only for that purpose and to keep the information secure and confidential.
• Also, entities into which our company is merged, or to which our assets, site or operations have been transferred, will be able to use your personal information under the terms of this privacy policy. You will be notified via email and/or prominent notice on our website and in our service for 30 days of any such change in ownership or control of your personal information.
• We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property.
• You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your information to be shared or transferred to third parties without your permission.

SECURITY

Napster endeavors to protect the security of your personal information and your choices for its intended use. We use secure SSL technology to protect the transmission of sensitive information such as your credit card number. We store your personal information on a secure server, and use procedures designed to protect the information we collect from loss, misuse, unauthorised access or disclosure, alteration or destruction.

ACCESS/CHOICE

You can modify your registration information at any time in the "My Account" area of the Service. Also, promotional e-mails from Napster will come with instructions for unsubscribing from the email mailing list. Members can also contact a customer service representative by clicking here to review their accounts and you will receive a response within a maximum of 72 hours from our receipt.

LINKS

We may display links to other sites within the Napster Service. We are not responsible for those other sites, their privacy policies or how they treat information about their members. We advise you to check their privacy policies to find out how they are treating your personal information.

CONTACT US:

If you have any questions about this privacy policy, or the privacy practices of Napster, you can email us at privacy@napster.co.uk or write to Napster Luxembourg S.a.r.l, 46a Avenue John F. kennedy, L-1855, Luxembourg