Privacy Policy

Last updated and effective as of January 24, 2019

  1. Introduction
  2. Your Rights and Preferences – Your Control and Choice
  3. Personally Identifiable Information and Other Information We Collect
    • Personally Identifiable Information
    • Other Information
    • Cookies
    • Web Beacons
    • Optional Information
    • Customer Service
    • Information Collected by Third Parties
    • Information About Other People
  4. Our Use of Your Personally Identifiable Information and Other Information
  5. Our Disclosure of Your Information
  6. Reviewing and Changing Your Personally Identifiable Information
  7. Safeguarding Your Personal Information
  8. For Parents Concerning the Privacy of Information on Their Children
  9. Content Provided by You: Content Feedback and Other Public Subject Matter
  10. Social Media Interactions
  11. Links to Other Sites
  12. How to Contact Us
  13. Changes in this Privacy Policy
  14. Changes in this Privacy Policy
  15. Acceptance of this Privacy Policy

1. INTRODUCTION

Hi there! Thank you for being part of our eMusic/eStories family.

We at eMusic.com Inc. (“eMusic, we, our, us”) are focused on providing our end users (“End User”, “you”, “your”) with innovative online music (eMusic.com) and audiobook (eStories.com) services. Furthermore, we are committed to transparency regarding how we collect, use, and maintain information from and about you. We also want to make clear that eMusic.com, Inc. is a wholly owned subsidiary of TriPlay, Inc., and therefore the information we collect from you may be shared with and is owned by TriPlay, Inc.

This Privacy Policy describes our practices in connection with information that we collect through our web site, software applications (including mobile), and other products and services made available to you by eMusic (collectively, the “Site”). By using this Site, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy.

This Privacy Policy will explain the following:

2. YOUR RIGHTS AND PREFERENCES – YOUR CONTROL AND CHOICE

As you may know a new European Union/European Economic Area law, called the General Data Protection Regulation (“GDPR”) recently went into effect. The GDPR gives you certain rights in relation to your personal data. As a result, we have made it easier for you to control your data and otherwise take advantage of your rights. The rights afforded to you are as follows:

You’ve already been able to update your account information via the My Account section of the Site, and that won’t change. You can now visit Your Privacy Center to update your communications preferences, to access your stored data, and to request that you data be deleted from our databases.

You’ve also already been able to manage the emails you receive from us, and that won’t change. You have the option to receive fewer or no promotional communications by opting out. You may opt out in one of two ways (1) select promotional communications by following the instructions included in the specific communication, or (2) by adjusting your email preferences in the My Account section of the Site.

Additionally, we have designated a Data Protection Officer (“DPO”) who you can contact with any questions or concerns. You may contact our DPO at DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York, NY 10016 ATTN: Data Protection Officer. Our DPO will need to verify you’re you, so please include the email address associated with your account. Our DPO will respond within a timely manner. If you are unhappy with the way your personal data is being used you may also contact and a lodge a complaint with your local Data Protection Authority.

3. PERSONALLY IDENTIFIABLE INFORMATION AND OTHER INFORMATION WE COLLECT

3a. "PERSONALLY IDENTIFIABLE INFORMATION"

We collect personally identifiable information about you when you visit and use our Site, and particularly when you enter, input, or upload personally identifiable information or files, whether during the course of entering, initiating, fulfilling and transmitting personally identifiable information or otherwise in connection with your general activities and/or use of the Site. You can visit the Site and learn about eMusic, our related products and services, and find out how to contact us without giving us any personally identifiable information.

We collect personally identifiable information from you in a variety of contexts. For example, you may be required to provide such information to us if you: (1) complete a registration form (e.g., various sign-up forms for receiving email newsletters, registering for special offers, promotions or programs, registering for an account, entering a contest/sweepstakes or responding to a survey); (2) fill out an order form to request information; (3) register to participate in message boards and chat rooms (if any) and other community and review features; (4) purchase any products or services from us or any other TriPlay business, or (5) contact our customer service department with an enquiry, comment or suggestion. Such personally identifiable information may include your first and last name, email address, mailing address and postal code, phone number, and, where appropriate, a valid credit/debit card number with expiration date. Of course, you never have to answer any of the questions we ask you (nor choose to view or listen to any multimedia content or otherwise interact with our Site), but refusal to do so may limit the products or services we can offer or provide to you.

3b. "OTHER INFORMATION"

In addition to PII, we also collect certain Other Information (“OI”) from you that, on its own, does not identify a specific individual. OI includes but is not limited to the files and content you upload to your cloud, your location, the URL that you just came from (whether this URL is on the Site or not), the URL you next go to (whether this URL is on the Site or not), your computer/mobile browser information, your IP address, the type of mobile device you use, your mobile device’s unique ID, and information about the way you use the Site.

We automatically track certain Other Information based upon your use of the Site and your use of our products. We use this information on an aggregated basis for various reasons, such as research on our users’ demographics, interests, and preferences, to improve the Site and user experience, and to offer you new or improved products, services and promotions.

3c. COOKIES

We use data collection devices such as "cookies" (small text files that are placed on your computer's hard drive for record-keeping purposes) to assist us in providing our services. Cookies make using the Site easier by, among other things, saving your passwords and preferences for you, helping identify you whenever you return to our Site, and reducing the number of times you are required to enter your password during a session. Cookies can also help us provide information that is targeted toward your interests and preferences. Most Internet browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or to alert you when a cookie is being sent (note: you may need to consult your browser's "Help" area for instructions on how to do that). If you choose to disable your cookies setting or refuse to accept a cookie, you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

3d. WEB BEACONS

Our Site may also use small pieces of software code called "web beacons" or "clear gifs" to collect anonymous and aggregate advertising matrix, such as counting page views, promotion views, or advertising responses. A web beacon is an electronic image called a single-pixel or clear GIF. Web beacons can recognise certain types of information, such as a user's cookie number, time and date of a page view, and description of the page where the web beacon is placed. You may render some web beacons unusable if you choose to reject their associated cookies. These web beacons may be used to deliver cookies that conform with our cookie policy above. For example, we may use web beacons on our registration page to anonymously identify a registrant for a trial offer so that we may track if and when that individual converts to a non-trial Paid Music Account, for the purpose of calculating referral fees to be paid to our marketing partners.

3e. OPTIONAL INFORMATION

If you choose to leave feedback regarding content, or provide any other public content , we will collect this information at the time that you provide it to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems, and as otherwise permitted by law.

3f. CUSTOMER SERVICE

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such personally identifiable information for the purposes of responding to your questions or comments, and to improve our service offerings and more efficiently provide you with assistance in the future.

3g. INFORMATION COLLECTED BY THIRD PARTIES

We may use third party advertising companies to serve advertisements when you visit the Site. These companies may collect Other Information regarding your use of the Site to provide advertisements about goods and services that may be of interest to you.

We and our third party service providers may collect information from you, from a particular computer or device, to predict your preferences or interests, and deliver ads to said computer or device based upon your preferences and interests. The information collected includes, but is not limited to, your web viewing behavior over time, as well as your web viewing behavior across nonaffiliated websites.

3h. INFORMATION ABOUT OTHER PEOPLE

When you visit our Site, you can submit personally identifiable information about other people. For example, you may be required to submit a person's name and e-mail address to purchase a gift account. The personally identifiable information that may be collected about other people at these pages consist of the recipient's name and e-mail address. We do not use the recipient's personally identifiable information for any other purpose unless (s)he gives us permission to do so.

It is eMusic's policy to keep personally identifiable information only for as long as needed for the purposes we collected the information, as specified in this Privacy Policy.

4. OUR USER OF YOUR PERSONALLY IDENTIFIABLE INFORMATION AND OTHER INFORMATION

We use your personally identifiable information to facilitate the provision of services you request. When you purchase products or services from eMusic, we will use your personally identifiable information to process and fulfill your order and for customer service purposes. eMusic is Payment Card Industry (PCI) compliant. eMusic does not store nor have access to your complete credit card information. This is held by third party provider Braintree (a division of PayPal) who is required to confirm their PCI compliance with us.

We may use the personally identifiable information and other information we collect about you to enforce our Terms of Use, analyze Site usage, improve our content and product offerings and customize the Site's content, layout, and services. In addition eMusic may use the personally identifiable information and other information we collect to update you about eMusic products or services, or to contact you about exciting new products or services offered by eMusic, its affiliates or marketing partners that we believe may be of interest to you, both by email where you have opted in to receiving such emails and by post where you have not opted out from receiving such postal communications. You always have the option to receive fewer or no communications in the future from us by opting out. You may opt out by following the instructions included in the specific communication you no longer wish to receive or by sending an email at any time to support@estories.com and explaining how you would like to modify your preferences.

When you enter a contest or sweepstakes ("promotion") or participate in a survey or poll ("survey") we may ask you to provide personally identifiable information such as your name, address, phone number and e-mail address. We use the information we collect on promotion entry forms to administer your participation in the promotions and for other purposes stated on the entry form. Our surveys ask for opinions on various issues. Most information obtained through surveys is aggregated and used internally. We may share survey information with advertisers and marketing partners in an aggregated, non-personally identifiable form. In the event personally identifiable information is requested as part of a survey, such personally identifiable information is never provided to unaffiliated third parties without your consent.

If your location settings on your device are turned on, we may collect your device’s geolocation data and save your device’s coordinates to offer certain features and content to you. You can control your device’s location settings on your device, and it is in your discretion whether you share your geolocation data. If you decide not to share this data, we may still be able to access your country, state, and city via your IP address.

5. OUR DISCLOSURE OF YOUR INFORMATION

We may make your information available to others:

Your personally identifiable information is stored and processed in the US.

6. REVIEWING AND CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION

As stated above in Section 2, you can access, review, update, and correct your PII via the My Account section of the Site. You must promptly update the information contained in the My Account section of the Site if it changes or is inaccurate.. If you have questions about this, do not hesitate to contact our Data Protection Officer: DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York, NY 10016, ATTN: Data Protection Officer.

When you install our apps on your mobile device you can choose to receive push notifications, which are messages an app sends you on your mobile device even when the app is not open. You can turn off notifications by visiting your mobile device’s settings page.

If you would like to opt out from any or all information collection on the eMusic software application, you must uninstall the eMusic software application.

7. SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION

eMusic cares about the security of your personally identifiable information. We follow generally accepted industry security standards designed to safeguard and help prevent loss, theft and unauthorized access, use, disclosure, modification or destruction of such information including administrative, technical and physical safeguards. While no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your personally identifiable information in our custody and control. However, we are unable to guarantee that your personally identifiable information will never be disclosed or accessed in a manner that is inconsistent with this Privacy Policy. To provide you with an increased level of security online, access to your personally identifiable information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication.

8. FOR PARENTS CONCERNING THE PRIVACY OF INFORMATION ON THEIR CHILDREN

We are a general audience site that does not knowingly collect data or accept registrations from children under 13 years of age. Currently, we do not collect any age-specific data on our site. Furthermore, our site is primarily targeted to adults as evidenced by our requirement that all registered End Users provide a valid credit card number. If, in the future, we decide to collect any age-specific data on our site, we will, at a minimum, take reasonable steps to ensure that any users who may be under 13 years of age (and who attempt to complete the registration process on our site) are directed to another site within the TriPlay family which specifically complies with the requirements of the Children's Online Privacy Protection Act, or COPPA.

9. CONTENT PROVIDED BY YOUR: CONTENT FEEDBACK AND OTHER PUBLIC SUBJECT MATTER

You are solely responsible for the content you post publicly on the Site. You should be aware that when you voluntarily disclose PII or any Other Information through any public forum associated with the Site, that information can be read, collected, and used by other users of these services and may result in unsolicited messages, both commercial and otherwise.

You agree that you will not use such features for any purpose that is unlawful or prohibited by our Terms of Use or any other eMusic terms and conditions, policies, or guidelines that may be in effect from time to time. We reserve the right to terminate your access to the Site or to take other protective steps if you violate these terms.

10. SOCIAL MEDIA INTERACTIONS

eMusic encourages you to interact with us through our social media accounts, including through Facebook, Twitter, and Instagram. Please keep in mind, however, that information that you choose to share through social media platforms is subject to your individual privacy settings and the privacy policy of each respective platform (over which eMusic has no control). Please visit the privacy policy of each social media platform for information regarding its specific privacy practices.

11. LINKS TO OTHER SITES

Our Site may contain links to web sites and services owned or maintained by third parties. We are not responsible for, and have no control over, the privacy and data collection policies and practices implemented by such third parties, some of which may be substantially different from our own policies and practices. We encourage you to carefully review the respective privacy policies of these third parties and ask questions directly of them in this regard.

12. HOW TO CONTACT US

If you have any questions or complaints about our Privacy Policy, you can contact our customer service department at support@emusic.com. When we receive such inquiries about our Privacy Policy, we will use your PII to the extent necessary to respond to your question or comment. However, if your question raises one or more issues that affect our promotional partners, we may also share your question and/or information with them in order to provide a response.

13. CHANGES IN THIS PRIVACY POLICY

We reserve the right to modify, alter, or otherwise update this Privacy Policy at any time, so we encourage you to review this Privacy Policy from time to time. When we make changes, we will notify you in this space. We may also, in our discretion, notify you of any such changes to our privacy practices via email or by placing a notice on our home page.

14. ACCEPTANCE OF THIS PRIVACY POLICY

By using this Site, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy.

  1. Introduction
  2. Your Rights and Preferences – Your Control and Choice
  3. Information We Collect
    • Cookie Policy
  4. Our Use of Your Information
  5. Our Disclosure of Your Information
  6. Our Response to Do Not Track Mechanisms
  7. Safeguarding Your Personal Information
  8. Reviewing/Changing Your Personally Identifiable Information and Opting Out
  9. Children’s Privacy
  10. Content Provided by You: Content Feedback and Other Public Subject Matter
  11. Social Media Interactions
  12. Links to Other Sites
  13. How to Contact Us
  14. Changes in this Privacy Policy
  15. Acceptance of this Privacy Policy

1. INTRODUCTION

Hi there! Thank you for being part of our eMusic/eStories family.

We at eMusic.com Inc. (“eMusic, we, our, us”) are focused on providing our end users (“End User”, “you”, “your”) with innovative online music (eMusic.com) and audiobook (eStories.com) services. Furthermore, we are committed to transparency regarding how we collect, use, and maintain information from and about you. We also want to make clear that eMusic.com, Inc. is a wholly owned subsidiary of TriPlay, Inc., and therefore the information we collect from you may be shared with and is owned by TriPlay, Inc.

This Privacy Policy describes our practices in connection with information that we collect through our web site, software applications (including mobile), and other products and services made available to you by eMusic (collectively, the “Site”). By using this Site, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy.

This Privacy Policy will explain the following:

2. YOUR RIGHTS AND PREFERENCES – YOUR CONTROL AND CHOICE

As you may know a new European Union/European Economic Area law, called the General Data Protection Regulation (“GDPR”) recently went into effect. The GDPR gives you certain rights in relation to your personal data. As a result, we have made it easier for you to control your data and otherwise take advantage of your rights. The rights afforded to you are as follows:

You’ve already been able to update your account information via the My Account section of the Site, and that won’t change. You can now visit Your Privacy Center to update your communications preferences, to access your stored data, and to request that you data be deleted from our databases.

You’ve also already been able to manage the emails you receive from us, and that won’t change. You have the option to receive fewer or no promotional communications by opting out. You may opt out in one of two ways (1) select promotional communications by following the instructions included in the specific communication, or (2) by adjusting your email preferences in the My Account section of the Site.

Additionally, we have designated a Data Protection Officer (“DPO”) who you can contact with any questions or concerns. You may contact our DPO at DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York, NY 10016 ATTN: Data Protection Officer. Our DPO will need to verify you’re you, so please include the email address associated with your account. Our DPO will respond within a timely manner. If you are unhappy with the way your personal data is being used you may also contact and a lodge a complaint with your local Data Protection Authority.

3. INFORMATION WE COLLECT

We collect information about you when you visit and use our Site and, particularly, when you enter or input information in connection with your use of the Site. However, you can visit the Site and learn about eMusic, our related products and services, and find out how to contact us without giving us information that may be considered to be personally identifiable. We may also engage third party service providers who may collect information from you when you visit and use our website. Such third party services may include payment processing, data analysis, IT services and infrastructure, customer service, email delivery, marketing and advertising, and other similar services.

We collect Personally Identifiable Information (“PII”) from you when you provide it to us in connection with your use of the Site. Such information may include your name, email address, mailing address, phone number, and, where appropriate, a valid credit card number with expiration date or other payment method details. You may manually input this information or you may provide same via a social media application you use to register. For example, you may be required to provide this information to us if you: (1) complete a registration form (e.g., sign-up forms for registering for an account, receiving email newsletters, registering for special offers, promotions or programs, entering a contest/sweepstakes or responding to a survey); (2) fill out a form to request information; (3) register to participate in message boards and other community features (if any); or (4) purchase any products or services through the Site. Your provision of such information constitutes your consent to its collection in accordance with this Privacy Policy. Of course, you may choose not to provide us with this information, but this will limit the products, services, and support that we are able to offer or provide to you.

In addition to PII, we also collect Other Information (“OI”) from you that, on its own, does not identify a specific individual. OI includes but is not limited to the files and content you upload to your cloud, your location, the URL that you just came from (whether this URL is on the Site or not), the URL you next go to (whether this URL is on the Site or not), your computer/mobile browser information, your IP address, the type of mobile device you use, your mobile device’s unique ID, and information about the way you use the Site.

We automatically track certain Other Information based upon your use of the Site and your use of our products. We use this information on an aggregated basis for various reasons, such as research on our users’ demographics, interests, and preferences, to improve the Site and user experience, and to offer you new or improved products, services and promotions.

If you choose to leave feedback regarding content, or provide any other public content , we will collect this information at the time that you provide it to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems, and as otherwise permitted by law.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect and store such information into a file specific to you.

We may use third party advertising companies to serve advertisements when you visit the Site. These companies may collect Other Information regarding your use of the Site to provide advertisements about goods and services that may be of interest to you.

We and our third party service providers may collect information from you, from a particular computer or device, to predict your preferences or interests, and deliver ads to said computer or device based upon your preferences and interests. The information collected includes, but is not limited to, your web viewing behavior over time, as well as your web viewing behavior across nonaffiliated websites.

3a. COOKIE POLICY

We use data collection devices such as “cookies” (small text files placed on your computer’s hard drive when you visit a web site) to assist us in providing our services. Cookies make using the Site easier by, among other things, saving your passwords and preferences for you, helping identify you when you return to our Site, and reducing the number of times you are required to enter your password during a session. Cookies can also help us provide information that is targeted toward your interests and preferences. Third party service providers may also place or recognize a unique cookie in your browser when serving advertisements to the Site. If you would like more information about this practice and to know your choices with respect to it, please click here.

You can adjust your browser settings at any time to refuse all or some cookies or to prompt you before accepting a cookie. However, if you choose to refuse cookies, you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

4. OUR USE OF YOUR INFORMATION

We will use your PII and/or OI for our business purposes, including the following instances

eMusic is Payment Card Industry (PCI) compliant. eMusic does not store nor have access to your complete credit card information. This is held by third party provider Braintree (a division of PayPal) who is required to confirm their PCI compliance with us. If your location settings on your device are turned on, we may collect your device’s geolocation data and save your device’s coordinates to offer certain features and content to you. You can control your device’s location settings on your device, and it is in your discretion whether you share your geolocation data. If you decide not to share this data, we may still be able to access your country, state, and city via your IP address.

5. OUR DISCLOSURE OF YOUR INFORMATION

We may make your information available to others:

6. OUR RESPONSE TO DO NOT TRACK MECHANISMS

The Site does not respond to, or change its behavior in response to, any “Do Not Track” signals (including HTTP header requests). Additionally, to the extent that any third party tracking pixels are employed as described in this Privacy Policy, eMusic has no control over the response of those tracking pixels to Do Not Track signals; such response is solely controlled by the respective third party. To learn more about Do Not Track, please click here.

7. SAFEGUARDING YOUR PERSONAL INFORMATION

eMusic uses industry-standard security precautions, including physical, electronic, and administrative procedures, designed to safeguard and help prevent unauthorized access to, disclosure of, and use of your PII. For example, when you provide credit or debit card information through the Site, we use secure socket layer (“SSL”) encryption to protect that data.

However, although we use such precautions to protect your information, we cannot guarantee complete security because no computer, system, or exchange of data via the Internet is 100% secure from intrusion. You acknowledge and agree that you provide your PII to us at your own risk.

Please help protect the security of your information by taking measures such as installing the latest computer security updates, using anti-virus software, keeping your password private, and signing out of your account when you are finished with a session, especially when using a public or shared computer.

8. REVIEWING/CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION & OPTING OUT - ADDITIONAL INFORMATION

As stated above in Section 2, you can access, review, update, and correct your PII via the My Account section of the Site. You must promptly update the information contained in the My Account section of the Site if it changes or is inaccurate.. If you have questions about this, do not hesitate to contact our Data Protection Officer: DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York, NY 10016, ATTN: Data Protection Officer.

When you install our apps on your mobile device you can choose to receive push notifications, which are messages an app sends you on your mobile device even when the app is not open. You can turn off notifications by visiting your mobile device’s settings page.

If you would like to opt out from any or all information collection on the eMusic software application, you must uninstall the eMusic software application.

9. CHILDREN’S PRIVACY

The Site is a general audience web site that does not target content to children under 13 years of age. Our Terms of Use require that registered members be at least 18 years of age and provide valid credit or debit card information. Accordingly, eMusic does not knowingly collect personal information or accept registration of accounts from children under 13 years of age. If, however, we become aware that any personal information has been collected from, or accounts have been created for, children under 13 years of age, we will promptly delete the information and cancel the account, as applicable.

10. CONTENT PROVIDED BY YOU: CONTENT FEEDBACK AND OTHER PUBLIC SUBJECT MATTER

You are solely responsible for the content you post publically on the Site. You should be aware that when you voluntarily disclose PII or any Other Information through any public forum associated with the Site, that information can be read, collected, and used by other users of these services and may result in unsolicited messages, both commercial and otherwise.

You agree that you will not use such features for any purpose that is unlawful or prohibited by our Terms of Use or any other eMusic terms and conditions, policies, or guidelines that may be in effect from time to time. We reserve the right to terminate your access to the Site or to take other protective steps if you violate these terms.

11. SOCIAL MEDIA INTERACTIONS

eMusic encourages you to interact with us through our social media accounts, including through Facebook, Twitter, and Instagram. Please keep in mind, however, that information that you choose to share through social media platforms is subject to your individual privacy settings and the privacy policy of each respective platform (over which eMusic has no control). Please visit the privacy policy of each social media platform for information regarding its specific privacy practices.

12. LINKS TO OTHER SITES

Our Site may contain links to web sites and services owned or maintained by third parties. We are not responsible for, and have no control over, the privacy and data collection policies and practices implemented by such third parties, some of which may be substantially different from our own policies and practices. We encourage you to carefully review the respective privacy policies of these third parties and ask questions directly of them in this regard.

13. HOW TO CONTACT US

If you have any questions or complaints about our Privacy Policy, you can contact our customer service department at support@emusic.com. When we receive such inquiries about our Privacy Policy, we will use your PII to the extent necessary to respond to your question or comment. However, if your question raises one or more issues that affect our promotional partners, we may also share your question and/or information with them in order to provide a response.

14. CHANGES IN THIS PRIVACY POLICY

We reserve the right to modify, alter, or otherwise update this Privacy Policy at any time, so we encourage you to review this Privacy Policy from time to time. When we make changes, we will notify you in this space. We may also, in our discretion, notify you of any such changes to our privacy practices via email or by placing a notice on our home page.

15. ACCEPTANCE OF THIS PRIVACY POLICY

By using this Site, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy.

  1. Introduction
  2. Your Rights and Preferences – Your Control and Choice
  3. Personally Identifiable Information and Other Information We Collect
    • Cookies
    • Information Collected by Third Parties
  4. Our Use of Your Personally Identifiable Information and Other Information
  5. Our Disclosure of Your Information
  6. Reviewing and Changing Your Personally Identifiable Information
  7. Safeguarding Your Personal Information
  8. For Parents Concerning the Privacy of Information on Their Children
  9. Content Provided by You: Content Feedback and Other Public Subject Matter
  10. Social Media Interactions
  11. Links to Other Sites
  12. How to Contact Us
  13. Changes in this Privacy Policy
  14. Changes in this Privacy Policy
  15. Acceptance of this Privacy Policy

1. INTRODUCTION

Hi there! Thank you for being part of our eMusic/eStories family.

We at eMusic.com Inc. (“eMusic, we, our, us”) are focused on providing our end users (“End User”, “you”, “your”) with innovative online music (eMusic.com) and audiobook (eStories.com) services. Furthermore, we are committed to transparency regarding how we collect, use, and maintain information from and about you. We also want to make clear that eMusic.com, Inc. is a wholly owned subsidiary of TriPlay, Inc., and therefore the information we collect from you may be shared with and is owned by TriPlay, Inc.

This Privacy Policy describes our practices in connection with information that we collect through our web site, software applications (including mobile), and other products and services made available to you by eMusic (collectively, the “Site”). By using this Site, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy.

This Privacy Policy will explain the following:

2. YOUR RIGHTS AND PREFERENCES – YOUR CONTROL AND CHOICE

As you may know a new European Union/European Economic Area law, called the General Data Protection Regulation (“GDPR”) recently went into effect. The GDPR gives you certain rights in relation to your personal data. As a result, we have made it easier for you to control your data and otherwise take advantage of your rights. The rights afforded to you are as follows:

You’ve already been able to update your account information via the My Account section of the Site, and that won’t change. You can now visit Your Privacy Center to update your communications preferences, to access your stored data, and to request that you data be deleted from our databases.

You’ve also already been able to manage the emails you receive from us, and that won’t change. You have the option to receive fewer or no promotional communications by opting out. You may opt out in one of two ways (1) select promotional communications by following the instructions included in the specific communication, or (2) by adjusting your email preferences in the My Account section of the Site.

Additionally, we have designated a Data Protection Officer (“DPO”) who you can contact with any questions or concerns. You may contact our DPO at DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York, NY 10016 ATTN: Data Protection Officer. Our DPO will need to verify you’re you, so please include the email address associated with your account. Our DPO will respond within a timely manner. If you are unhappy with the way your personal data is being used you may also contact and a lodge a complaint with your local Data Protection Authority.

3. INFORMATION WE COLLECT AND OUR USE OF COOKIES

We collect information about you when you visit and use our Site, and particularly when you enter, input, or upload information or files, whether during the course of entering, initiating, fulfilling and transmitting information or otherwise in connection with your general activities and/or use of the Site. You can visit the Site and learn about eMusic, our related products and services, and find out how to contact us without giving us any personally identifiable information.

We collect personally identifiable information from you in a variety of contexts. For example, you may be required to provide such information to us if you: (1) complete a registration form (e.g., various sign-up forms for receiving email newsletters, registering for special offers, promotions or programs, registering for an account, entering a contest/sweepstakes or responding to a survey); (2) fill out an order form to request information; (3) register to participate in community features; or (4) purchase any products or services from us or any other TriPlay businesses. Such information may include your name, email address, mailing address and zip code, phone number, and, where appropriate, a valid credit card number with expiration date. Of course, you never have to answer any of the questions we ask you (nor choose to view or listen to any multimedia content or otherwise interact with our Site), but refusal to do so may limit the products or services we can offer or provide to you.

In addition to PII, we also collect certain Other Information (“OI”) from you that, on its own, does not identify a specific individual. OI includes but is not limited to the files and content you upload to your cloud, your location, the URL that you just came from (whether this URL is on the Site or not), the URL you next go to (whether this URL is on the Site or not), your computer/mobile browser information, your IP address, the type of mobile device you use, your mobile device’s unique ID, and information about the way you use the Site.

We automatically track certain Other Information based upon your use of the Site and your use of our products. We use this information on an aggregated basis for various reasons, such as research on our users’ demographics, interests, and preferences, to improve the Site and user experience, and to offer you new or improved products, services and promotions.

If you choose to leave feedback regarding content, or provide any other public content, we will collect this information at the time you provide it to us. We may retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems, and as otherwise permitted by law. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.

3a. COOKIES

We use data collection devices such as "cookies" (small text files that are placed on your computer's hard drive for record-keeping purposes) to assist us in providing our services. Cookies make using the Site easier by, among other things, saving your passwords and preferences for you, helping identify you whenever you return to our Site, and reducing the number of times you are required to enter your password during a session. Cookies can also help us provide information that is targeted toward your interests and preferences. Most Internet browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or to alert you when a cookie is being sent (note: you may need to consult your browser's "Help" area for instructions on how to do that). If you choose to disable your cookies setting or refuse to accept a cookie, you may not be able to use certain features on the Site and you may be required to reenter your password more frequently during a session.

3b. INFORMATION COLLECTED BY THIRD PARTIES

We may use third party advertising companies to serve advertisements when you visit the Site. These companies may collect Other Information regarding your use of the Site to provide advertisements about goods and services that may be of interest to you.

We and our third party service providers may collect information from you, from a particular computer or device, to predict your preferences or interests, and deliver ads to said computer or device based upon your preferences and interests. The information collected includes, but is not limited to, your web viewing behavior over time, as well as your web viewing behavior across nonaffiliated websites.

4. OUR USER OF YOUR INFORMATION

We use your information to facilitate the provision of services you request. When you purchase products or services from eMusic, we will use your personally identifiable information to process and fulfill your order and for customer service purposes.

eMusic is Payment Card Industry (PCI) compliant. eMusic does not store nor have access to your complete credit card information. This is held by third party provider Braintree (a division of PayPal) who is required to confirm their PCI compliance with us.

We may also use the information we collect about you to enforce our Terms of Use, analyze Site usage, improve our content and product offerings, customize the Site’s content, layout, and services, update you about our products or services, or to contact you about exciting offers of new products or services that we believe may be of interest to you. You always have the option to receive fewer or no communications in the future from us by opting out. You may opt out by following the instructions included in the specific communication you no longer wish to receive or by sending an email at any time to support@emusic.com and explaining how you would like to modify your preferences. If you would like to opt-out from any or all information collection on the eMusic software application, please uninstall the eMusic software application.

If your location settings on your device are turned on, we may collect your device’s geolocation data and save your device’s coordinates to offer certain features and content to you. You can control your device’s location settings on your device, and it is in your discretion whether you share your geolocation data. If you decide not to share this data, we may still be able to access your country, state, and city via your IP address.

5. OUR DISCLOSURE OF YOUR INFORMATION

We may make your information available to others:

Your personally identifiable information is stored and processed in the US.

6. REVIEWING AND CHANGING YOUR PERSONALLY IDENTIFIABLE INFORMATION

As stated above in Section 2, you can access, review, update, and correct your PII via the My Account section of the Site. You must promptly update the information contained in the My Account section of the Site if it changes or is inaccurate. If you have questions about this, do not hesitate to contact our Data Protection Officer: DataProtectionOfficer@emusic.com or 215 Lexington Avenue, 18th Floor, New York, NY 10016, ATTN: Data Protection Officer.

When you install our apps on your mobile device you can choose to receive push notifications, which are messages an app sends you on your mobile device even when the app is not open. You can turn off notifications by visiting your mobile device’s settings page.

If you would like to opt out from any or all information collection on the eMusic software application, you must uninstall the eMusic software application.

You must promptly update the information contained in the My Account section of the Site if it changes or is inaccurate.

7. SAFEGUARDING YOUR PERSONALLY IDENTIFIABLE INFORMATION

eMusic cares about the security of your personally identifiable information. We follow generally accepted industry security standards designed to safeguard and help prevent unauthorized access to and disclosure and use of such information. When you provide credit card information, we use secure socket layer (SSL) encryption for that data. While no exchange of data that utilizes the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your personally identifiable information.

8. FOR PARENTS CONCERNING THE PRIVACY OF INFORMATION ON THEIR CHILDREN

We are a general audience site that does not knowingly collect data or accept registrations from children under 13 years of age. Currently, we do not collect any age-specific data on our site. Furthermore, our site is primarily targeted to adults as evidenced by our requirement that all registered End Users provide a valid credit card number. If, in the future, we decide to collect any age-specific data on our site, we will, at a minimum, take reasonable steps to ensure that any users who may be under 13 years of age (and who attempt to complete the registration process on our site) are directed to another site within the TriPlay family which specifically complies with the requirements of the Children's Online Privacy Protection Act, or COPPA.

9. CONTENT PROVIDED BY YOUR: CONTENT FEEDBACK AND OTHER PUBLIC SUBJECT MATTER

You are solely responsible for the content you post publicly on the Site. You should be aware that when you voluntarily disclose PII or any Other Information through any public forum associated with the Site, that information can be read, collected, and used by other users of these services and may result in unsolicited messages, both commercial and otherwise.

You agree that you will not use such features for any purpose that is unlawful or prohibited by our Terms of Use or any other eMusic terms and conditions, policies, or guidelines that may be in effect from time to time. We reserve the right to terminate your access to the Site or to take other protective steps if you violate these terms.

10. SOCIAL MEDIA INTERACTIONS

eMusic encourages you to interact with us through our social media accounts, including through Facebook, Twitter, and Instagram. Please keep in mind, however, that information that you choose to share through social media platforms is subject to your individual privacy settings and the privacy policy of each respective platform (over which eMusic has no control). Please visit the privacy policy of each social media platform for information regarding its specific privacy practices.

11. LINKS TO OTHER SITES

Our Site may contain links to web sites and services owned or maintained by third parties. We are not responsible for, and have no control over, the privacy and data collection policies and practices implemented by such third parties, some of which may be substantially different from our own policies and practices. We encourage you to carefully review the respective privacy policies of these third parties and ask questions directly of them in this regard.

12. HOW TO CONTACT US

If you have any questions or complaints about our Privacy Policy, you can contact our customer service department at support@emusic.com. When we receive such inquiries about our Privacy Policy, we will use your PII to the extent necessary to respond to your question or comment. However, if your question raises one or more issues that affect our promotional partners, we may also share your question and/or information with them in order to provide a response.

13. CHANGES IN THIS PRIVACY POLICY

We reserve the right to modify, alter, or otherwise update this Privacy Policy at any time, so we encourage you to review this Privacy Policy from time to time. When we make changes, we will notify you in this space. We may also, in our discretion, notify you of any such changes to our privacy practices via email or by placing a notice on our home page.

14. ACCEPTANCE OF THIS PRIVACY POLICY

By using this Site, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy.