Last Updated: March 4, 2013
Effective Date: March 4, 2013
- You may control the collection of information associated with you by going to http://www.networkadvertising.org/managing/opt_out.asp or emailing [email protected]
- We do not sell your Personally Identifiable Information and Protected Private Information to third parties.
- We have secure systems in place to protect your sensitive Private Information, however no data transmission over the Internet can be guaranteed to be 100% secure, thus we cannot and do not warrant that any information is safe or secure from exposure to third parties.
- If you have any inquiries, complaints, or concerns about the collection, protection and dissemination of your data, please consult section XIV (Contact) to find our contact information.
Collectively, the Site and the API ("API" is the Grooveshark Application Programming Interface, accessible through http://developers.grooveshark.com) are hereby referred to as the "Service." EMG collects information about you when you use the Service. Once collected, there are certain parties with whom EMG may selectively share this information. This policy applies to any use of the Service.
If you find any part of the Policy unacceptable, please discontinue your use of the Service immediately, as this Policy is integrated into, and subject to the Terms of Service for the use of the Site (found at grooveshark.com/terms and grooveshark.com/legal/artist_terms) and the Terms of Service for the usage of the API (found at grooveshark.com/apitos). Your use of any or all components of the Service, including but not limited to the Site and the API, constitutes a knowing acceptance and agreement to the terms and provisions of the Policy.
TRUSTe Privacy Seal
I. Key Terms
- "Anonymous Information" means data that a User has submitted to the Service, or has been accumulated by the Service, that cannot reasonably be connected to or associated with any Personally Identifiable Information. This data may include, but is not limited to, averages and or totals of browser and operating system types, entry and exit pages, User, artist, or album popularity, demographic information, and amount of data transferred.
- "Personally Identifiable Information" or "PII" means unencrypted data which can be used to identify or contact a person uniquely and reliably, including a User's name, address, phone number or e-mail address.
- "Protected Private Information" means data which consists of PayPal username, PayPal password, credit card number, credit card expiration date, credit card CSC, credit card type, and password (plain text or encrypted).
- "Public Information" means data that a User has submitted to the Service, or has been accumulated by the Service through its use, and is available to be viewed and/or consumed by any User of the Service or the general public. This may include, but is not necessarily limited to playlists, tags, comments made through your Google or Twitter login, listening history, a User's combined first and last name, and/or information accessible on a User's public profile.
- "User" means someone who is either directly interacting with the Service or someone who is interacting with the Service via any third party who is using the API.
II. Information we collect:
- Public Information. To provide the needed data to make the Service possible, EMG collects and stores information that includes, but is not necessarily limited to:
- User information submitted to register for our Service;
- Information entered into User profiles;
- Music library information (as well as accompanying information such as tags, ratings, usage data, and comments);
- Information submitted to polls, contests, sweepstakes, surveys or other features of the Service, or information about when you respond to offers or advertisements on the Service;
- Anonymous information. EMG records Anonymous Information about Users of the Service, which is stored as necessary to fulfill our legal obligations, resolve disputes, enforce our agreements, operate our business and improve the performance of the Site.
- Personally Identifiable Information. EMG collects and stores Personally Identifiable Information. This information is needed to enable certain features the Service provides, and is stored for as long as you have an account, and as necessary to fulfill our legal obligations, resolve disputes, or enforce our agreements. Personally Identifiable Information, such as a User's email address, address of residence, or phone number, will not be shared with any third party without consent from the User unless otherwise stated in this Policy or the Terms of Service.
- Surveys/Sweepstakes. You may choose to answer surveys or enter sweepstakes posed through grooveshark.com by EMG and/or a third party. These third parties may obtain personal information that you voluntarily submit to them. This policy does not cover survey responses you voluntarily provide to any third party and/or survey, and EMG is not responsible for the collection and use of your personal information by these third parties. Survey responses you provide to EMG may be published, transferred, sold or licensed to third parties; however, no Personally Identifiable Information will be included with the survey responses except for that Personally Identifiable Information you provide as a survey response.
- IP Address Information. When you use the Service, the IP Address of the computer or network device making the request is stored. IP address information is stored for as long as necessary to enforce our agreements, resolve disputes, operate our business and fulfill our legal obligations. This may be done without any notification to the User.
- Data Retention. Except as provided herein, we will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
III. How we use the information we collect:
- Maintenance and Improvement. We use the information we collect from the Service to provide, maintain and improve the Service.
- Protection. We use the information we collect from the Service to develop new services, and to protect EMG and our Users.
- Customization. We may use the information that we collect from the Service to customize and personalize the advertising and the content you see.
- Cookies. We may use cookie technology to collect website usage data and make your advertising more relevant. We may also:
- Use "flash cookie" technology as part of the music player to store User preferences and session information.
- Partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. No PII is on, or is connected to, these cookies. These cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (e.g., your email address, in hashed, non-human readable form). To opt out of these cookies, please go to http://www.aboutads.info/choices.
- Allow third parties to place cookies and/or other tracking technologies, such as web beacons, clear GIFs, and/or tracking pixels, on the Site for the purpose of allowing that third party to record that a User has visited the Site and/or used the Service, or to gather other information, provided that such a third party is doing so only to collect Anonymous Information that shall not include any Personally Identifiable Information. In some instances third parties may request an encrypted or "hashed" (non-human readable) User identifier that may correspond to other information already obtained from another party on a particular User. To learn more about behavioral advertising or to opt-out of this type of advertising, you can also visit http://www.privacychoice.org/choose, http://www.networkadvertising.org, and http://rt.displaymarketplace.com/optout.html.
- Surveys/Sweepstakes. We may use information collected through Surveys/Sweepstakes to:
- Send you newsletters and otherwise provide you with information or services you request or that we think will be of interest to you, such as sending you information to keep you informed about various events, promotions, contests, products, surveys, sweepstakes and services; and
- Notify and contact contest and sweepstakes entrants and winners.
IV. Information you share:
- Voluntary Disclosure. You should be aware that if you voluntarily disclose any information, including Personally Identifiable Information, on openly viewable parts of the Service, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of EMG and this Policy.
- Access to your Personal Information. If your personal information changes you may update it or delete as necessary by visiting the profile settings page here. If you no longer desire to use our Service, you may deactivate your account by emailing us at [email protected].
- Newsletters. If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in such emails or by updating your preferences within your profile settings here.
- Connect. You can login to our Site using sign-in services such as Google, Twitter, Last.FM and Flattr. These services will authenticate your identity and provide you the option to share certain personal information to pre-populate our signup form, including without limitation, your name, gender, birth date, country, language, time zone and email address. Services like Google and Twitter give you the option to post information about your activities on this Site to your profile page to share with others within your network.
V. How we share information we collect:
- Public Information. EMG in some cases displays Public Information as necessary to fulfill our legal obligations, resolve disputes, and enforce our agreements. EMG may provide third parties with Public information about Users as long as it is not Personally Identifiable Information or Protected Private Information. For example, we may share Public Information to show trends about the general use of our Services, which may be displayed on beluga.grooveshark.com and/or in other areas of the Site. EMG may also share Public Information via the API.
- Anonymous information. Anonymous Information may be shared with any third party EMG chooses at any time and for any length of time (including making this data available via the API).
- Non-Personally Identifiable Information. We may use and share non-PII, such as general demographic or location information, or information about the computer or device from which you access the Service. In addition, we may de-identify PII and share it in an aggregated or non-identifiable form with third parties, advertisers and/or business partners in order to analyze Service usage, improve the Services and your listener experience, or for other similar purposes. The use and disclosure of such aggregate or non-identifiable information is not subject to any restrictions under this Policy.
- Personally Identifiable Information. Personally Identifiable Information will not be displayed or shared with any third party unless one of the following circumstances apply:
- With your consent - If you give your consent, we may disclose your information to a third party unless otherwise stated in this Policy or the Terms of Service.
- With your authorization - Should you utilize any feature or piece of functionality in the Service and (A) provide your username and/or password to a third party service, such as a credit card processor, (B) authorize the exchange of data from the third party service to the Service via the third parties website, API, or product, or (C) voluntarily provide or display such information at your choosing, you authorize EMG to share your Personally Identifiable Information with such a third party service with the exception of any Protected Private Information, which will not be shared.
- Surveys/Sweepstakes - We may share information you provide to us to administer your participation in any contest, survey or sweepstakes, or other features of the Service, and for other purposes stated on the entry form, such as to allow us to contact you to notify you of a potential prize you may have won.
- Unsubscribe - If you unsubscribe for a mailing that we sent to you on behalf of a third party, we may share your removal instructions with the third party so that your email address may be added to that company's list of people to whom they will no longer send emails to directly.
- Personalization - We may share your information with a third party when we jointly offer a feature or service with that third party, such as connectivity with other applications or websites, to provide personalization to the Service.
- For the API - Certain features in the Service may allow for or be introduced to allow for integration between the Service and other third party services. In order for some features to be provided, some Personally Identifiable Information may need to be transferred between EMG and the third party service.
- Legal reasons - We may also disclose your information (potentially even PII):
- As required by law, such as to comply with a subpoena or similar legal process;
- When we believe in good faith that disclosure is necessary to protect our legal or property rights, protect your safety or the safety of Users or others, or respond to a government request;
- To protect against or investigate fraud or for risk management purposes;
- In connection with a merger between Escape Media Group and another entity, or in the event of a transfer of all or some of our assets to another company. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
- Advertising. Advertisers are not given special access to a User's PII unless otherwise stated in this Policy or the Terms of Service. If you choose to follow an advertisement link, you do so at your own risk. EMG does not guarantee the safety or accuracy of any third party site, advertisement or product. Advertisers also have their own privacy policies and terms of service that must be carefully reviewed.
- If you, the User, object to the above treatment of your information, then please refrain from using the Service and follow this link to control the use and collection of your information, which may result in limited access to the Site and/or the Service.
VII. Data Security
- EMG takes reasonable steps to protect information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. EMG has in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
- The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
- The Service contains links to other Internet websites which we do not operate and, conversely, other Internet websites may contain links to our Website. We are not aware of and are not responsible for the privacy policies, practices, or content of such other websites. We encourage visitors to read and become familiar with the privacy policies maintained by such other websites.
- EMG does not knowingly collect or solicit Personally Identifiable Information from or about children under age 13, and children under the age of 13 may not utilize any services provided by EMG except as permitted by law. If we discover we have received any information from a child under 13 in violation of this Policy, we will take necessary steps to remove that information immediately. If you believe EMG has any information from or about anyone under 13, please contact us at [email protected].
IX. Forum Selection and Choice of Law:
- This Policy, which is an agreement between you and EMG, shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Any dispute or legal proceeding relating to or arising from this Policy or your use of the Service will be adjudicated by a court of competent jurisdiction sitting in the state of Florida, County of Alachua, and you and EMG expressly consent to the personal jurisdiction of the State and Federal courts sitting in Alachua County, Florida.
- EMG is committed to protecting your privacy while providing you with a competitive and secure Service. As such, EMG will continuously evaluate this Policy and make necessary revisions to the Policy as new technology, law, and business concerns arise. Therefore, EMG may make periodic revisions or alterations to the Policy. EMG reserves the right to revise this agreement at any time. If we make any change in how we use your personal information we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
XII. Consent to processing:
XIII. Your California privacy rights:
- California Civil Code Section 1798.83 permits Users who are California residents to request and obtain from us once a year a list of the third parties to whom we disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year and the categories of personal information disclosed to those third parties. If you wish to make such a request or have any questions about EMG's information sharing practices, you may contact us by sending us an email to [email protected] or write to us the address listed below.
Escape Media Group, Inc. (Grooveshark)
201 SE 2nd Ave., Suite 201
Gainesville, FL 32601
- Escape Media Group, Inc. (Grooveshark)