iTypeMusic Privacy Policy

Effective March 1, 2006

Welcome to itype. We value your privacy, and we want you to know what information we collect and what we do with it.

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.

WHAT INFORMATION WE COLLECT

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:

For the itype online music service:

• 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.
  
• During registration to our general service (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.
  
• 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.
  
• 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 and/or those of 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 an itype "Inbox" that allows them to exchange messages with other Service members and also to send messages to nonmembers. Messages may be sent to any personal email address. Messages may contain compilations of itype 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, itype 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. 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.
  
• Contests and Sweepstakes. We may also have contests or sweepstakes 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 contests or sweepstakes and for other purposes to which you consent. If we offer contests or sweepstakes with our Partners, 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 promotion sweepstake.
  
• 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.

For the "itype" online store:

• Shop itype: You may access the itype store to purchase items from itype via itype's main website, www.itypemusic.com, via links from the itypemusic online music service or elsewhere on the Web or directly from your browser at www.itypemusic.com. To make any purchases via itype, you will be required to provide your credit card and billing information, as well as your email address and zip code. For certain products, you may also be required to provide additional information, if indicated during the purchase path. The information that you provide here will only be used by itype (and/or its third party fulfillment partners, if applicable) to support these purchases. However, we may give you the opportunity to opt to receive promotional communications from itype or our partners, in which case, your email or mailing information may be used for those purposes as well.
  
• Optional Express Checkout for itype. In order to expedite future purchases, itype also allows any customer to create a continuing account. All the information that you may supply when creating an account will be held according to the same policy and only be used to manage the payment of future orders and the shipping.

INFORMATION WE RECEIVE FROM THIRD PARTIES.

There are instances where we may receive information 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 or for itype ("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 or sites, 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, to receive special offers and promotions from its partners. These entities or sites 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. itype 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 pertinent offers in which we think you would 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

itype software. After you register for the itype service, you will be prompted to download our itypemusic software application. itype 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. 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.

Further, when you access the service through a Partner and download the itype software, 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 recognize 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 itype 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 personalize your service experience based on your registration preferences (such as genre choice, your connection speed, 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. Within the itype shopping site, we may also use session cookies to keep track of your shopping cart. 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 for our service or for Shopping, 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 or sites. 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 utilize third party service providers to help us track the activity and user flows within our service or sites. 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 analyzed on an aggregated basis for purposes of internal analysis by itype 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.

Other. In order to personalize 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

If you consent to receive information from our promotional partners (or from a specified partner) during registration, we may share your registration information with those partners. Our partners' 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 authorized 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.

Other than as set forth 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 or our Shop Napster site (e.g. credit card processing, customer/support services) 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 Web site 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

itype 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, unauthorized 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 itype will come with instructions for unsubscribing from the email mailing list.

LINKS

We may display links to other sites within the itype 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 itype, you can email us at privacy@itypemusic.com