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Privacy Policy

Privacy Policy

Last modified: June 30, 2014

Introduction:

At Music Xray we recognize that privacy is important and we take your privacy seriously. The following discloses our information gathering and dissemination practices relating to all of the Music Xray websites and any mobile applications offered by Music Xray or any of its affiliates (the “Site” or the “Website”) and any applications and other services that we may make available from time to time (collectively, the “services”). The information you provide on this Site will not be shared other than as outlined in this Privacy Policy. By using the Services, you consent to the collection and use by us of any personal and other information you provide while using the Services in accordance with our Privacy Policy (this “Privacy Policy”). If you do not agree to the Privacy Policy, please do not use the Services.

If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at:

Privacy Matters

c/o Music Xray

25 Broadway

9th floor

New York, NY 10004

USA

Information we Collect and How We Use It:

We offer a number of services that do not require you to register for an account or provide any personal information to us, such as viewing Music Xray and browsing our site information. In order to provide our full range of services, we may collect the following types of information:

1 Information you provide - When you sign up for a Music Xray account or other Music Xray service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, such as our Music Xray Activation Pack, we also request credit card or other payment account information which we maintain in encrypted form on secure servers.

2 Cookies - When you visit Music Xray, we may send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences, remembering you on subsequent visits to our sites and tracking user trends, such as how people listen to music. It is possible to prevent cookies from being used in your browser by turning the feature off, but in order to enjoy the benefits of being a registered user, your browser must be set to accept cookies.

3 Log in information - When you access Music Xray services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

4 User communications - When you send email or other communications to Music Xray, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

5 Affiliated sites - We offer some of our services in connection with other web sites. Personal information that you provide to those sites may be sent to Music Xray in order to deliver the service. We process such information in accordance with this Privacy Policy. The affiliated sites may have different privacy practices and we encourage you to read their privacy policies.

6 Links - Music Xray may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our recommendation and trend recognition technology, customized content and advertising.

7 Benefit to you of providing personal information - The personal information you provide helps Music Xray provide better services to users, including the display of customized content and advertising; helps us audit and analyze our products so we can maintain, protect and improve our services; helps us develop new services and ensure that the technical functioning of our network.

Music Xray processes personal information on our servers in the United States of America. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

Hyperlinks, Widgets and Referrals:

Other websites accessible through the Services (through hyperlinks, advertisements or otherwise) have their own privacy policies and data collection, use and disclosure practices. This Privacy Policy applies to Music Xray services only. We do not exercise control over third party sites or sites that may be owned and / or operated by our users. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

Please consult their terms and conditions and privacy policies prior to use.

We do not, even periodically, review the privacy policies or terms of use of third parties and we are not responsible or liable for their privacy practices, availability or reliability of the services they may provide, or the accuracy or completeness of their content. Links to or from any third party site, whether provided by us or not, do not imply any endorsement, approval, or verification by us of any content available on or the policies of such third party sites. By providing access to other websites, Music Xray is not recommending the purchase or sale of products or services provided via such linked site. Subject to the terms of applicable service or other agreements, we will remove any link from this Website upon request from the owner of the linked site.

When you click on a hyperlink, sponsored link or banner advertisement, a new browser window or frame containing a third party's website may appear in the foreground with the Website remaining in the background. Any time that you have moved to a new window or frame containing a third party’s website, you will no longer be on our Website, and are no longer protected by this Privacy Policy or our Terms and Conditions.

Our Website and data collection devices include "Widgets," which are interactive mini-programs that run on the Site to provide specific functions as part of the Services. Personal information, such as your email address, may be collected through a Widget. The provisions of this Privacy Agreement will apply to all Widgets created and provided by Music Xray. Cookies may also be set by the Widget to enable it to function properly. If any third party Widgets are made available through the Services, the third party’s website privacy policy shall apply when you access the Widget. Any "share" feature available as part of the Services will redirect you to a third party website or Widget, wherein the third party website's privacy policy will apply.

When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.

If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the specific service privacy notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Music Xray features and services may not function properly if your cookies are disabled.

You can decline to submit personal information to any of our services, in which case Music Xray may not be able to provide those services to you.

Music Xray only shares personal information with other companies or individuals outside of Music Xray in the following limited circumstances:

1 We have your consent. We require opt-in consent for the sharing of any sensitive personal information.

2 We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

3 We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Music Xray, its users or the public as required or permitted by law.

If Music Xray becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

We may share with third parties certain pieces of aggregated, non-personal information, such as the number of users who searched for a particular song, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

Please contact us at the address noted above for any additional questions about the management or use of personal data.

Security Measures -

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

We restrict access to personal information to Music Xray employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Data integrity

Music Xray processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

When you use Music Xray services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Music Xray regularly reviews its compliance with this Privacy Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or Music Xray's treatment of personal information by contacting us through this web site or by writing to us at the address noted at the beginning of this Policy.

When we receive formal written complaints at this address, it is Music Xray's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Music Xray and an individual.

Advertising

We may use third-party companies to serve ads and provide content through the Services. These companies may use cookies and other Data Collection Tools that are not sent by us to learn about your use of the Services and other websites and apps in order to present personalized advertisements and other messages that may be of interest to you. Music Xray is not responsible for such cookies and tracking software.

Safe Harbor Data Privacy Notice

In the US, Music Xray adheres to the Safe Harbor Principles published by the U.S. Department of Commerce (the "Safe Harbor Principles") with respect to personally identifiable information it receives from the European Union and Switzerland. This notice outlines Music Xray’s general policy and practices in compliance with the Safe Harbor Principles, including the type of information to which this notice applies, how we use information, and your choices regarding our use of, and your ability to correct, your personally identifiable information. For purposes of this notice, “personally identifiable information” includes information (a) transferred from the European Union or Switzerland to the United States; (b) recorded in any form by us; and (c) pertaining to a specific individual who is identified in, or is identifiable from, the data. This notice applies to all personally identifiable information we handle, including on-line (except as noted below), off-line, and manually processed data. If there is any conflict between this Privacy Policy and the Safe Harbor Principles, the Safe Harbor Principles will apply. If you would like to learn more about the U.S.-EU Safe Harbor Framework or the U.S.-Swiss Safe Harbor Framework, please visit http://export.gov/safeharbor.

Notice and Choice

We obtain personal information only as permitted by the Safe Harbor Principles or with the consent of the individual affected. We may ask for your consent to collect, use, or disclose personal information in certain ways, and you may be required to give your consent in order to use our services. To the extent permitted under the Safe Harbor Principles, we reserve the right to process personal information in the course of providing services through the Services without the knowledge of individuals involved. If you wish to opt out of our collection or our disclosure of personally identifiable information to third parties, you may contact us at the address noted in our CONTACT US section with a request to do so. The request should include your name, email address, login information, and any specifics that may help us to prevent the collection of personally identifiable information you do not wish to have collected or disclosed. Please note that if you opt out of our data collection practices, the Services may be less functional for you.

Transfers

We will obtain assurances from its affiliates that they will safeguard personal information consistently with this Privacy Policy. If we learn that an affiliate is using or disclosing personal information in a manner contrary to this Privacy Policy, we will take steps to prevent or stop the use or disclosure. Transfers of information permitted under this notice, either to third parties or amongst Music Xray, may include the transfer of data from one jurisdiction to another, such as transfers to and from the United States of America, the UK and Australia.

Security & Enforcement

We will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction, and it will conduct compliance audits of its relevant privacy practices to verify adherence to this Privacy Policy. We cannot guarantee, in every circumstance, the security of the personal information you provide through the Services. All incoming encrypted information is routed through our firewall, which serves as a gatekeeper for our system. Only data containing the correct authorization is permitted past the firewall. Attempts to pass the firewall are constantly monitored for suspicious activity. Music Xray will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Privacy Policy. For complaints that cannot be resolved between Music Xray and the complainant, Music Xray agrees to participate in the dispute resolution procedures of the American Arbitration Association to resolve disputes pursuant to the Safe Harbor Principles.

Opting Out of Information Sharing

We understand and respect that not all customers may want to allow us to share their information with other select companies. If you do not want us to share your information, please contact us through the Contact Us page of any of our brands, and we will remove your name from lists we share with other companies as soon as reasonably practicable. When contacting us, please clearly state your request, including your name, mailing address, email address and phone number.

However, under the following circumstances, we may still be required to share your personal information:

• If we respond to subpoenas, court orders or legal process, or if we need to establish or exercise our legal rights or defend against legal claims.

• If we believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use or as otherwise required by law.

• If we believe it is necessary to restrict or inhibit any user from using any of our Sites and Apps, including, without limitation, by means of "hacking" or defacing any portion thereof.

California's "Do Not Track" Notice . "Do Not Track" ("DNT") is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. Our sites do not currently respond to "Do Not Track" settings. For further details regarding DNT, visit donottrack.us.

Children’s Privacy

We do not knowingly collect or distribute personally identifiable information from children under the age of 13. If you are the parent or guardian of a child under the age of 13 and believe that we have collected personally identifiable information contrary to this policy or, in the United States, the Children’s Online Privacy Protection Act (COPPA), please contact us by e-mail so that we may delete such information. You can learn more about COPPA at the United States Federal Trade Commission website:

http://www.ftc.gov/privacy/privacyinitiatives/childrens.html

Access to your Account Information and Preferences

You have the right and ability to edit your member account information on our Sites and Apps at any time. You can opt in or out of receiving future communications from us about special offers and new product information, you can unsubscribe by following instructions contained in the messages you receive, or you can change your marketing preferences by contacting us through the Contact Us page of any of our brands. We do reserve the right to send you certain communications relating to the services we provide, such as service announcements and administrative messages. We do not offer you the opportunity to opt-out of receiving those communications.

Your California Privacy Rights

California Civil Code Section 1798.83, also known as S.B. 27, allows individual customers who have provided their personal information to us to request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us through the various ways of contact described in the Contact Us page of any of our brands. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.

Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF ANY OF OUR SITES AND APPS SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time through this web site or at

Privacy Matters

c/o Platinum Blue Music Intelligence, Inc.

25 Broadway

9th floor

New York, NY 10004

USA