Last Updated: May 2018
Rhapsody International Inc., and its subsidiaries and affiliates around the world (collectively, “Napster,” “we,” “us,” or “our”), appreciate your business and your use of our web sites, mobile applications and software, and other products and services (collectively, the “Services”).
Why do we collect information?
What Information Does Napster Collect?
Information We Collect Automatically
When you access or use the Services, we automatically collect certain specific, available information in order to operate, maintain, and enhance the Services and to provide the Services to you, including:
- Log information: We collect your Internet Protocol ("IP") address, network or provider, web requests, access times, pages viewed, application version, crashes, content you access or download, web browser, links clicked, and the web page that referred you to us.
- Device information: We collect information about the device you use to access the Services, including the hardware model, operating system and version, unique device identifiers and mobile network.
- General location information: We collect information about the general location of your device (your city or region) when you access or use the Services, usually based on your IP address.
Information You Make Available to Us
We collect information that you provide directly to us, including:
- Personal information: You may give us personal information such as your name, demographic information, email address, username or screen name, password, postal address, phone number, and language preference.
- Interaction: We collect information when you use any interactive features of the Services (including listening activity, search terms, and device input information); participate in a survey, contest or promotion; subscribe to a newsletter or email list; update your profile; purchase, access, “favourite,” or download content, credits, or other products through the Services; request customer support; or otherwise communicate with us.
- Your payment information: We collect payment information (such as your credit or debit card number), information about your transactions, and related information.
- Other people: We collect information you provide about others (for example, when you refer a friend to Napster) in accordance with applicable law.
- Third-party services: You may give us access to information about you from third-party services, such as Facebook or Amazon, such as your name and account information. We collect such information in accordance with that third-party service’s policies. (Please note that we will not be responsible if the third party breaches its own policies or any applicable laws, rules or regulations in relation to information you make available to us, from them. See “How Is Your Information Shared with Others?” below, for our disclaimer regarding use of your information by third parties with whom you or we decide to share it.)
- Account Information: You may authorize us to access the account information for accounts related to how you receive the Services that are stored on your device, such as app store accounts and linked social media accounts, which allows us to provide a quicker and easier onboarding experience.
- Music library: You may choose to explicitly give us access to the library of music files stored locally on your device.
- Phone, Mobile Network, and Wi-fi: You may give us permission to access your phone (including your phone number), or information about the mobile or wi-fi network your device is connected to. This information allows us to more quickly create an account for you, to optimize your experience if you are a customer of one of our many mobile carrier partners, or to communicate with you more easily.
- Specific Location: You may authorize us to collect information about your specific location so that we can provide localized content or other information about nearby friends or events. We will never access your specific location without your explicit permission for us to do so.
- Contacts: You may explicitly grant us permission to scan or access your contacts list to find your friends who are also using the Services, or to invite others to join. We will never access your contacts without your explicit permission, and we will only access the specific contacts you allow us to.
- Photos and Camera: You may authorize us to access photos and the camera on your device for use in connection with the Services – for example, to take or upload a profile picture or some cover art for a playlist. We will only access the specific photos you allow us to, and only for the stated purpose.
- Microphone: You may explicitly grant us permission to access your device’s microphone in order to enable certain features, such as voice control and song matching. We do not record or store audio information from your microphone. We will never access your microphone without your explicit permission, and only for the stated purpose.
- Other Device Sensors. You may allow us to collect information from various sensors on your device to make better content recommendations for you, such as using your device’s accelerometer to suggest music for the speed at which you are running.
How Does Napster Use Your Information?
We may use the information we collect for various purposes, including to:
- Provide, maintain, update, develop, and improve the Services;
- Process payments and other transactions, verify your right to access to the Services, and send you confirmations and invoices;
- Send you technical notices, updates, security alerts, and support and administrative messages;
- Respond to your comments, questions and requests, and provide customer service;
- Communicate with you about products, updates, services, offers, targeted advertising, promotions, content, events offered by Napster and others, and other information;
- Monitor and analyze usage and activities on the Services, for example to improve the Services, pay or report to rights holders, or calculate payments owed to Napster by advertisers;
- Provide advertising that helps support the Services;
- Determine the content that we make available to you (some of our content licences differ by country);
- Personalize the Services, including by providing advertisements, recommendations, content, and features that match your interests, preferences, or location;
- Process contest or promotion entries and rewards;
- Link or combine with information we receive from other sources to help understand your needs and to provide you with better service;
- Create and maintain your personal profile (described below);
- Protect Napster and our users;
- Carry out the Advertising and Analytics Services (described below); and
- Carry out any other purpose for which the information was collected.
We maintain your information at least for as long as you maintain an account. We may maintain certain information, including your personal information, interaction information, and account information, for an additional period of time, which may be as long as needed or permitted in light of the purposes for which the information was obtained. Unless you request that we delete it, we may retain information about users for at least two years after the deactivation of your account, so that you can re-activate your account and still have access to the same account, history, and preferences. You may ask us to delete any personally identifiable information we maintain about you, as described below.
WHAT THIS MEANS TO YOU: We collect your information to make your Napster experience better.
How Is Your Information Shared with Others?
Both Napster and you may sometimes make your information available to third parties in the specific situations described below. To the extent allowable by applicable law or Napster’s legal relationships with third parties, Napster is not responsible nor does it assume responsibility for any third party’s use of your information, or for the privacy practices of any third party (please note specific provisions for your territory (if any) at the end of this document).
Necessary Sharing with Napster Partners
Napster may share relevant information about you with certain third parties such as our partners. For example, our credit card processing partners require certain information in order to process your payment, and customer service contractors may require certain information in order to respond to your inquiries. In addition, under our content licences, we may be obligated to provide rights holders with anonymous information about how our users use and access content. Our partners are obligated to comply with strict contractual guidelines to keep all personal information that they access confidential, and to use that information only for authorized purposes.
WHAT THIS MEANS TO YOU: This category of sharing is necessary for us to provide the Services. If you do not consent to this sharing, do not access or use the Services.
Your Personal Profile
When you first use the Services, you are assigned a Napster profile, which you can use to discover and share music, and interact with other users. The default setting is that your Napster profile will be publicly accessible, but it will be anonymous (that is, it will not display your real name or any other personally identifying information). You can customize your profile by adding personal information like your name or a photo. You can choose whether your profile is public or private, and you may change between public and private as often as you wish.
- IF YOUR PROFILE IS PUBLIC: The information in your profile (which includes any personal information you have provided, your interactions with other users, and information about the music you listen to) will be accessible to other people, including people who are not users of the Services. Others may search for your profile if they have your username or screen name, real name, or email address (though we won’t provide your real name or email address to anyone who has not already shown that they know it by providing it to us). If you customize the information in your public profile, you may be asked to confirm that you wish it to remain public, and you may become identifiable to others. You grant us and our partners permission to use public information associated with your profile (including the fact that you have a public Napster profile) to promote and improve the Services or to help others (whether users of the Services or not) to find you and learn that you use the Services.
- IF YOUR PROFILE IS PRIVATE: Your profile and all of the information associated with it will be completely hidden from all other people, and we will not use your information for promotional purposes. You will not, however, be able to use certain features or functionalities of the Services.
WHAT THIS MEANS TO YOU: You may choose whether your profile is public or private. If you make it private, your profile and content will essentially be invisible and undiscoverable to others, but you will be unable to use certain features of the Services. If you leave your profile public, you can choose whether and how to customize your profile with additional information, or to interact with other users.
Interactions with Other Social Networks
The Services may offer tools that enable you to integrate your Napster account with a third-party social network (such as a Facebook "Like" button, or a Twitter “Tweet” button). These features let you share information from the Services with your friends, the public, or other third parties. For more information about the purpose and scope of how these features collect and share data, please visit the privacy policies of the entities that provide these features.
WHAT THIS MEANS TO YOU: If you use social sharing features, you should check the privacy policies of the applicable third-party social networks to learn how your information is collected, processed, stored, and used.
Information Received from Third Parties
WHAT THIS MEANS TO YOU: You should consult the privacy policies of the third-party entities you share your information with to understand how they will use it and share it with Napster.
The Napster API
The Napster API is an interface with which other people may interact with Napster information and make use of it in new and interesting ways. If your profile is public, third parties may access information about you that is contained on your public profile through the Napster API, including your connections within the Services, and other information about how you use the Services.
WHAT THIS MEANS TO YOU: The Napster API will have access to and make available the full range of public information about you. You may revoke the Napster API’s access to information about you by making your profile private, at which point the Napster API will cease to make information about you available.
Cookies and Web Beacons
- To allow you to stay logged in to the Services and to recall your subscription level.
- To monitor traffic on and usage of our site and understand traffic patterns, collecting the IP address, browser, and operating system you use to access the site, date and time of access, the pages you visited and the page from which you arrived on our site.
- To compile and report to third parties (like advertisers) aggregated statistics about our users in terms of numbers, traffic patterns, and information related to the site.
- To register you on our service and recall your preferences.
- To recognize repeat visitors for statistical or analytical purposes.
- To anonymously track interactions with online advertisements, for example, monitoring the number of times an ad appears and the number of times it is clicked.
- To authorize access to certain premium content or to test product features.
- Along with additional information we collect from elsewhere, to carry out transactions, such as credit card sales.
Advertising and Analytics Services
We or a third-party data partner may collect, store and share a unique identifier matched to your mobile device, in order to deliver customized ads or content while you use applications or surf the internet, or to seek to identify you in a unique manner across other devices or browsers. In order to customize these ads or content, we or a third-party data partner may connect and share anonymized information about you (received from third parties) either to data you have voluntarily submitted to us, like your email address or location, or to data we have collected from you, including your device identifier or IP address. This information will only be shared with these partners in aggregated, hashed, and/or non-human-readable form, which cannot reasonably be used to identify you.
To opt out of any of these analytics services, please visit the Napster Opt-Out Page. (The opt-out page may only be available in territories where we engage in these analytics services.)
WHAT THIS MEANS TO YOU: You may opt out of most of the Advertising and Analytics Services described above on the Napster Opt-Out Page. Additional country-specific resource pages can be found in the Territory-Specific Information section below.
Other Necessary Disclosures:
- If Napster enters into bankruptcy or its equivalent under local law, the administrator or receiver of the bankruptcy may have the ability to transfer your information in accordance with the proceedings and/or any future rendering of services.
- We may, at our sole discretion and in compliance with applicable law, share your information with our corporate subsidiaries, parents, or affiliates as necessary to build, provide, and improve the Services throughout the world.
- Napster may disclose your information if required by law or if we believe in good faith that doing so is necessary in order to: (a) comply with the law; (b) comply with an order issued by a competent judicial authority; (c) obey the service of legal process upon Napster; (d) protect and defend Napster’s rights and/or property; or (e) act in emergency situations.
WHAT THIS MEANS TO YOU: Our disclosure of your information in these situations is required, either by law or the circumstances of the situation. You may not restrict this disclosure.
How Can You Control Your Napster Account?
Communications from Napster
How Is Napster Keeping Your Information Safe?
The security of your information is important to us. Napster uses industry-standard methods, such as encryption and access restrictions, to protect you and to ensure that the information we collect is safe from loss, theft, misuse, and unauthorized access, disclosure, alteration and destruction. Nevertheless, we cannot guarantee the security of your information. You can help by securing your Napster account with a strong password, and not sharing your account information with others.
If you have questions or complaints, or want information about the information we have collected, you may contact us at email@example.com.
Additional information or resources apply in certain territories. Please read the following information, if applicable to the Relevant Territory in which you live:
Brazilian law shall apply to your use of the Services, including specific provisions about privacy. In order to comply with the applicable law, Napster will store data related to your activities when using the Services, such as access logs, for the term established by Law 12.965/2014 or another updated regulation that replaces or modifies it.
Once you stop using the Services, you may request the deletion of all data related to your use of the Services – this, however, shall not prevent Napster from complying with the storage obligations set forth by Law 12.965/2014 or another updated regulation that replaces or modifies it.
Soweit Napster vorstehend erklärt, nicht verantwortlich zu sein und keine Verantwortung zu übernehmen für jedwede Nutzung Ihrer Informationen durch Dritte oder für die Datenschutzpraktiken jedweder Dritten, so gilt dies nicht für die Haftung von Napster für Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit, die auf einer fahrlässigen Pflichtverletzung von Napster oder einer vorsätzlichen oder fahrlässigen Pflichtverletzung seiner gesetzlichen Vertreters oder Erfüllungsgehilfen beruhen und dies gilt ferner nicht für die Haftung von Napster für Schäden die auf einer grob fahrlässigen Pflichtverletzung von Napster oder auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung der gesetzlichen Vertreters oder Erfüllungsgehilfen von Napster beruhen.
To learn more about how we use your information with our advertising partners to target ads to you, or to opt out of the use of your information for advertising purposes, please visit the DAAC Consumer Opt-Out page.
For additional information on your rights regarding the collection and use of your personal information, you may contact the Office of the Privacy Commissioner of Canada:
30 Victoria Street
Toll Free: 1-800-282-1376
For additional information on your rights regarding the use of computer programs to collect your personal information, you may contact the CRTC:
Canadian Radio-television and Telecommunications Commission
Les Terrasses de la Chaudière
1 Promenade du Portage
Toll Free: 1-877-249-CRTC (2782)
Toll-free TTY: 1-877-909 CRTC (2782)
The data controller for your personal information is:
Napster Luxembourg S.a.r.l.
60, Route de Luxembourg, L-5408 Bous, Luxemburg
Registration Number: B 110203
You may contact our data protection team at firstname.lastname@example.org.
We do not collect information from you for the purposes of advertising if we believe you to be in the European Economic Area (“EEA”).
You may lodge a complaint with your territory’s supervisory authority if you have a concern about the manner in which we process your information.
In the European Union, the Minimum Age is 16.
To learn more about how we use your information with our advertising partners to target ads to you, or to opt out of the use of your information for advertising purposes, please visit the DAA Consumer Opt-Out page or the NAI Opt-Out page.
California law permits residents of California under the age of 18 to request and obtain removal of content pertaining to them from online services. It also permits all California residents to request certain details about how their personal information is shared with third parties for direct marketing purposes. To make these types of requests, please contact us at email@example.com.
Pursuant to California law, you may opt out of the use of your personal information for marketing purposes by visiting the Napster Opt-Out Page.
Further, California law requires that commercial websites such as ours disclose to residents of the state how we address “do not track” browser settings. There is currently no industry-wide practice or consensus on how to proceed. We therefore do not vary our existing practices when in receipt of “do not track” signals.