Privacy Policy
Last Updated: June, 2018
NSM Music Inc. ("Company") is committed to protecting the privacy of all current and former users ("Users") of its mobile applications and websites ("App"), and has published this Privacy Policy to explain how Company treats information you submit to Company in connection with your access to and/or use of the App and/or the Service (as defined in the Terms of the Use). Please read this Privacy Policy carefully prior to your registration for, access to, and/or use of the App and/or the Service. If you do not agree to abide by this Privacy Policy, please do not access or use the App or register as a User.
By submitting information to Company, either by using the App or registering for or using the Service, you are accepting the practices described in this Privacy Policy and the Terms of Use. This Privacy Policy is governed by the Terms of Use, which includes all disclaimers of warranties and limitation of liabilities. All capitalized terms not defined in this Privacy Policy will have the meanings set forth in the Terms of Use. A copy of the Terms of Use can be found on Company's Website.
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INFORMATION WE COLLECT
- You acknowledge that Company may collect and process information in connection with the App and the Service that relates to you in an identified or identifiable manner, such as your full name, user name and password, phone number, address and/or e-mail address, zip code, date of birth, and other personally identifiable information ("Personal Information") as well as information that you submit (or that we collect) that is or may not be Personal Information but is necessary for the proper functioning of our App or Service, such as the time and date and the extent of your usage of the App and the Service, the location of where you use the App and the Service, your usage preferences, playlists you create, music that you play, how you interact with Company's jukebox platforms and products, the mobile platform or service provider you use, your browser, your operating system, your IP address, and unique device identifiers. We may also request (via registration, optional survey or otherwise) that you provide other non-Personal Information such as age or music genre and artist preference (all such non-Personal Information, "Demographic and Usage Data"). Demographic and Usage Data is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.
- If you purchase Credits or other products, content or services from us, we may collect information necessary to process your payment, such as your credit card or bank account number, and we will provide this information to our payment processing vendor.
- We work with third parties (including, for example, providers in technical, payment services, advertising networks, analytics providers and search information providers), and we may receive, collect, store, and use information about you from them. If you also choose to connect your social network accounts and login credentials to your account, such as through Facebook and Twitter, we may receive information about you or your social network connections and contacts and you are permitting us to use and store that information related to the account. We may partner with certain third parties to collect the information and to engage in analysis, auditing, research and reporting or for use in providing online interest-based advertising on our behalf. These third parties may use web logs or web beacons, and they may set and access cookies or similar technologies on your device. They may also use information about your use of the App and Service for third-party advertisements based on your online activity in general.
- Information collected by Company may be stored and processed in the United States or any other country in which Company or its agents maintain facilities, which may have a lower standard of data protection laws compared to the laws in your country of residence. By using the App and the Service, you are hereby notified of and, where required, hereby consent to any such transfer of information outside of your country. Company makes no representation or warranty with respect to any duty to permanently store any Personal Information you may provide. By using the App or the Service and providing us with Personal Information, you waive any claims that may arise under your own or any other local or national laws, rules or regulations or international treaties. We may from time to time transfer or merge your Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our advertisers and promotional partners or through certain of our other jukebox and music products in accordance with our contractual rights, our legitimate interests and/or as otherwise described in this Privacy Policy. This Privacy Policy applies to your Personal Information for as long as your Personal Information is in our possession, even if you terminate or discontinue your use of the App and the Service.
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CHANGING, UPDATING OR DELETING PERSONAL INFORMATION
- You may change, update or delete the Registration Data you provide Company via the App or the Service by changing your profile settings. You may also directly request that Company make a change or update to the Registration Data you provide by contacting Company via email at uk-no-reply@nsmmusic.com (please include in the Subject line the words "Change in Registration Data"), or you may send Company an email at the same address to request that Company delete your User Account (please include in the Subject line the words "Delete My User Account"). We will be happy to review, update or remove information as appropriate. We may still retain your information to resolve disputes, enforce the Terms of Use, or comply with legal requirements or otherwise as permitted by applicable laws. In such case, your Personal Information will not be used for any other purpose.
- You may also request a copy of the Personal Information we hold about you, subject to and in accordance with applicable data privacy laws. Please send the Company an email at uk-no-reply@nsmmusic.com (please include in the Subject line the words "Access to Personal Information Request").
- You may also ask for a copy of your Personal Information that you have provided to us to be provided to a new service provider where technically feasible and subject to and in accordance with applicable data privacy laws. Please send the Company an email at uk-no-reply@nsmmusic.com (please include in the Subject line the words "Personal Information Portability Request").
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USE OF PERSONAL INFORMATION
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Company uses your Personal Information to identify you and to potentially improve the App and the Service, maintain security, and customize the content you see via the App and the Service. We use your Personal Information for contractual and legal purposes and also for our legitimate business interests. Your Personal Information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent or, if permitted, provide you with notice, for any use of your Personal Information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.
You agree that Company may use Personal Information about you to analyze App usage, improve or customize the Service, customize the Service's content, respond to your requests, questions and comments, managing your User Account, facilitate communications between the App and Company's jukebox platforms and products, and as otherwise set forth in this Privacy Policy or as Company believes necessary to protect its rights and the rights of others, including by enforcing the Terms of Use. You also agree that Company may use your Personal Information to contact you. Unless you specifically opt out, you agree that Company may use your Personal Information to deliver information to you that is relevant to your use of the App or the Service such as administrative notices, product enhancements or Service "newsletters", or that, in some cases, is targeted to your interests, such as targeted advertisements, or song and artist suggestions. By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information, unless you specifically opt out in applicable circumstances. Where required by applicable data privacy and similar laws, we will not send you marketing communications unless you have opted in to receive these communications. - We retain your Personal Information for the duration of you using our App and Services and for a period of at least seven years from the closure of your account.
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Company uses your Personal Information to identify you and to potentially improve the App and the Service, maintain security, and customize the content you see via the App and the Service. We use your Personal Information for contractual and legal purposes and also for our legitimate business interests. Your Personal Information may also be aggregated and used by Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Terms of Use, for other internal purposes, and as otherwise described to you at the time of collection. Company will obtain your consent or, if permitted, provide you with notice, for any use of your Personal Information beyond those set forth in this Privacy Policy and the original uses for which you provided your consent.
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DISCLOSURE OF PERSONAL INFORMATION
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Except as expressly provided herein, absent your prior consent, Company does not share your Personal Information with any unrelated third parties. With regard to payment information, in the event that we engage a third party service provider to handle billing for the App and the Service on our behalf, we will ensure that your information is not shared with anyone else; provided that if any third party directly handles payment (such as a mobile service provider, application platform or PayPal), the terms and privacy policies of any such third party payment provider will prevail. There are, however, certain instances in which we may disclose your Personal Information in the normal scope of business to provide you with the App and the Service. Company may also request your consent to disclose such Personal Information to venues through with the Service is offered, owners of content made available through the Service ("Content Owners"), advertisers and/or other third parties for their marketing and promotional purposes. Further, Company may use third parties to outsource one or more aspects of its business (such as email or customer service providers, data processing, and security execution and clearing services) or to legal, financial, audit or other professional advisors, in which case, Company would have to disclose to such third parties (who would be required by Company to comply with this Privacy Policy and/or any other obligation of Company with respect to any information provided by you in connection with the App and/or the Service, to the same extent as Company's obligations) the Personal Information necessary for such third parties to provide such services. We may also share your Personal Information with regulatory authorities or governmental authorities on request or as required by law or otherwise in accordance with our legitimate interests or those of a third party. Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your Personal Information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your Personal Information is necessary to identify, contact, or bring legal action against you if:
- you are or may be violating the Terms of Use or this Privacy Policy
- you are interfering with Company's or a third party's rights or property
- you are violating any applicable law, rule or regulation
- necessary or required by any applicable law, rule or regulation
- necessary or required for purposes of public importance; and/or
- requested by governmental authorities in the event of any investigation, act of terrorism or instance of local, regional or national emergency.
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Except as expressly provided herein, absent your prior consent, Company does not share your Personal Information with any unrelated third parties. With regard to payment information, in the event that we engage a third party service provider to handle billing for the App and the Service on our behalf, we will ensure that your information is not shared with anyone else; provided that if any third party directly handles payment (such as a mobile service provider, application platform or PayPal), the terms and privacy policies of any such third party payment provider will prevail. There are, however, certain instances in which we may disclose your Personal Information in the normal scope of business to provide you with the App and the Service. Company may also request your consent to disclose such Personal Information to venues through with the Service is offered, owners of content made available through the Service ("Content Owners"), advertisers and/or other third parties for their marketing and promotional purposes. Further, Company may use third parties to outsource one or more aspects of its business (such as email or customer service providers, data processing, and security execution and clearing services) or to legal, financial, audit or other professional advisors, in which case, Company would have to disclose to such third parties (who would be required by Company to comply with this Privacy Policy and/or any other obligation of Company with respect to any information provided by you in connection with the App and/or the Service, to the same extent as Company's obligations) the Personal Information necessary for such third parties to provide such services. We may also share your Personal Information with regulatory authorities or governmental authorities on request or as required by law or otherwise in accordance with our legitimate interests or those of a third party. Notwithstanding the foregoing, Company reserves the right, and you authorize Company, to share or disclose your Personal Information, including, without limitation, any content, records or electronic communications of any kind, when Company determines, in its sole discretion, that the disclosure of your Personal Information is necessary to identify, contact, or bring legal action against you if:
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SECURITY: HOW WE PROTECT YOUR INFORMATION
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Company takes a range of security measures designed to protect your Personal Information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. However, the internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. While we strive to keep current our security technology and will review, refine and upgrade our security technology as we deem appropriate based on new tools that may become available in the future, the complete security of any Personal Information collected, stored or used by us cannot therefore be guaranteed. We have security standards and procedures in place designed to prevent unauthorized access to your User Account and Personal Information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date. In the unlikely event that an unauthorized third party compromises Company's security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information. If you ever discover inaccuracies in our data or if your personal information changes, we urge you to notify us immediately.
If you choose to become an inactive client, you will continue to be protected by this Privacy Policy. Should you close your User Account with us or cancel your Service, Company will remove all of your Registration Data and Personal Information from Company products and your username will be available for any other users.
We note that anyone who has access to your username and password may be able to access your Personal Information. Therefore, we encourage you to keep your username, password and other information contained in your Registration Data confidential. You hereby acknowledge that Company shall not be responsible or liable for any dissemination of your Personal Information that results from your disclosure of your username and/or password to any third party.
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Company takes a range of security measures designed to protect your Personal Information and keep it confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. However, the internet by its nature is not a secure environment and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. While we strive to keep current our security technology and will review, refine and upgrade our security technology as we deem appropriate based on new tools that may become available in the future, the complete security of any Personal Information collected, stored or used by us cannot therefore be guaranteed. We have security standards and procedures in place designed to prevent unauthorized access to your User Account and Personal Information. A key part of this process helps ensure that all information we have about you is accurate and up-to-date. In the unlikely event that an unauthorized third party compromises Company's security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information. If you ever discover inaccuracies in our data or if your personal information changes, we urge you to notify us immediately.
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NEWSLETTERS AND MARKETING COMMUNICATIONS
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Company maintains a strict "no-spam" policy. If you register for the App and the Service, you may receive newsletters, notices and/or special offers via email or text message, unless you have requested otherwise at the time of registration or as set forth below.
You may unsubscribe from these electronic newsletters, notices and/or special offers at any time by following the instructions contained at the very end of every such email or text message or elsewhere as directed by Company. If a third party vendor provides such newsletters, you may unsubscribe in accordance with the instructions provided by such third party. If you are having problems unsubscribing please contact us at uk-no-reply@nsmmusic.com (forwarding the newsletter, if applicable, and including in the Subject line the words "Unsubscribe"), and you will be removed within seven (7) business days. Please note that Company will not process any unsubscribe requests submitted as direct replies to any newsletter.
From time to time, Users may be offered the opportunity to participate in contests, giveaways and other promotions, which may be conducted in partnership with a third party, including, without limitation, Content Owners. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. We will use the information you provide to conduct such events and for other purposes to which you consent in connection with the particular contest, giveaway or promotion, and we may share such information with co-promoters. Company may need to disclose Personal Information collected in connection with such contests, giveaways or promotions for prize fulfillment or tax purposes to promotional partners, sponsors and/or third party administrators.
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Company maintains a strict "no-spam" policy. If you register for the App and the Service, you may receive newsletters, notices and/or special offers via email or text message, unless you have requested otherwise at the time of registration or as set forth below.
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COOKIES: WEB BEACONS
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Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive. Company (and, potentially, third party advertisers or other partners) may set and access cookies on your mobile device to track and store preferential information about you, for purposes such as recognizing you when you return to the App and use the Service. Company (and potentially third party advertisers) gathers anonymous information about Users through cookie technology on an aggregate level only. Such aggregated information is used within Company's internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis. If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer. However, if you choose to block or delete cookies, certain features of the App or website may not operate correctly. For more information, see www.allaboutcookies.org. The Company uses Google Analytics, and may use similar third party products, to help collect and analyze certain information about you (such as age, gender and interests).
Web Beacons, also known as pixel tags and clear GIFs, ("Web Beacons"), are electronic images embedded in website pages and/or emails that allow a website to access cookies to personalize user visits, help evaluate the effectiveness of marketing campaigns and analyze general usage patterns of visitors to the Site. No Personal Information about you is shared with third parties through the use of Web Beacons on the App. However, through Web Beacons, we may collect general information about our Users such as mobile platforms and service providers, internet browsers, operating systems, IP addresses, most and least likely times of visits and App navigation tendencies, all of which help us examine and improve App and Service effectiveness and features but will not personally identify you.
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Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your hard drive. Company (and, potentially, third party advertisers or other partners) may set and access cookies on your mobile device to track and store preferential information about you, for purposes such as recognizing you when you return to the App and use the Service. Company (and potentially third party advertisers) gathers anonymous information about Users through cookie technology on an aggregate level only. Such aggregated information is used within Company's internal organization and is only shared with third party advertisers on an aggregated and non-personally identifiable basis. If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer. However, if you choose to block or delete cookies, certain features of the App or website may not operate correctly. For more information, see www.allaboutcookies.org. The Company uses Google Analytics, and may use similar third party products, to help collect and analyze certain information about you (such as age, gender and interests).
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LINKS TO THIRD PARTIES
- The App may include links to third party websites, apps or services, including payment providers. Such links are not an endorsement by Company of those websites, apps and/or the products or services they offer. Third parties have different privacy policies, and Company is not responsible for the privacy practices of such third parties. If you click on a link to a third party website, app or service, Company encourages you to check the applicable privacy policy, as it may differ substantially from that of this Privacy Policy. Company makes no representations or warranties nor is Company responsible for the privacy policies of any third party. If you decide to access any third party links appearing on the App, you do so at your own risk.
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OTHER TERMS
- To review other applicable terms and conditions that apply to this Privacy Policy, including, without limitation, intellectual property rights, disclaimer of warranties, limitation of liability and resolving disputes, please review the Terms of Use.
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CHANGES TO THIS PRIVACY POLICY
- Company reserves the right, at its sole discretion, to update, amend, supplement, modify and/or change this Privacy Policy without prior notice to you and at any time. Updates to this Privacy Policy will be posted on the Company website or the App. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. Your continued use of the App and the Service following the posting of any such changes shall automatically be deemed your acceptance of all changes.
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CHILDREN’S PRIVACY
- rotecting the privacy of young children is especially important. For that reason, Company does not knowingly collect or maintain Personal Information or non-personally-identifiable information on the App from persons under 13 years of age (or such higher age as required by applicable data privacy laws), and no part of our Service is directed to persons under 13 (or such higher age as required by applicable data privacy laws). If you are under 13 years of age (or such higher age as required by applicable data privacy laws), then please do not use or access the App or the Service at any time or in any manner. If Company learns that Personal Information of persons under 13 years of age (or such higher age as required by applicable data privacy laws) has been collected without verified parental consent, then Company will take the appropriate steps to delete this information.
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IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY
- In the event that Company is acquired by or merged with a third party entity, or sells all or substantially all of its assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
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QUESTIONS OR CONCERNS
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If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us via any of the methods set forth below:
Via email: uk-no-reply@nsmmusic.com - You may also make a complaint to the relevant data protection authority in your home country.
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If you have questions, comments, concerns or feedback regarding this Privacy Policy, please contact us via any of the methods set forth below: