This document sets forth the NexTune Online Privacy Policy (the
“Privacy Policy”) for the nexTune playlist software, www.nextune.net or
www.nextune.com (collectively the “Site”). If you have objections to
the Privacy Policy, you should not access or use this Site. This Privacy Policy
does not govern privacy practices associated with offline activities or other
web sites.
With Respect to Your Personal Information
NexTune recognizes and appreciates the importance of responsible
use of information collected on this Site. Unless you choose not to receive
communications from us , NexTune will communicate information to you regarding
products, services and special offers available only from NexTune. We may also
find it necessary to communicate with you regarding your use of the services on
this Site. Except in the particular circumstances described in this Privacy
Policy, NexTune will not provide your name to other companies or organizations
without your consent.
There are instances in which NexTune may
divulge your personal information. NexTune may provide your personal information
if necessary, in NexTune’s good faith judgement, to comply with laws or
regulations of a governmental or regulatory body or in response to a valid
subpoena, warrant or order or to protect the rights of NexTune or others.
Changes in Privacy Policy
All “personal
information” ("personal information" is defined as any
information that identifies or can be used to identify, contact or locate the
person to whom such information pertains) that we collect and maintain will be
subject to the version of the Privacy Policy in effect at the time of such
collection. NexTune reserves the right to change the Privacy Policy from time to
time at its sole discretion, and will provide notice of material changes on this
privacy page of the Site. If as the result of such changes, you want to alter
the ways in which NexTune is allowed to use your personal information, you can
do so by following the procedure described below in the section entitled
“Updating your Personal Information and Privacy Preferences. You will be
deemed to have been made aware of, and will be subject to, the changes to the
Privacy Policy by your continued use of the Site after such notice has been
posted for thirty (30) days with the following exception: if at the time
you provide personal information to NexTune you are given the opportunity (as
you currently are) to limit how such information will be used to communicate
with you, either by NexTune or by third parties, NexTune will not change your
preference in this regard without your express consent. However, if NexTune
sells assets (or the assets of a division or subsidiary) to another entity, or
NexTune (or a division or subsidiary) is acquired by or merged with, another
entity, NexTune may provide to such entity customer information that is related
to that part of our business that was sold to or merged with the other entity
without your consent.
Entities Collecting Personal
Information
Personal information on this Site is collected by
NexTune, Inc. NexTune’s address is 2563 152nd Ave NE Redmond Way Suite
D15, Redmond, WA 98052 and its telephone number is (425) 869-9095.
The Site may contain links to other sites at which personal
information is collected. In such instances, unless expressly provided to the
contrary, the collection and use of your personal information will be governed
by the privacy policy applicable to that site. That privacy policy should
identify the entity that is collecting your personal information.
Collection of Personal Information
As a
visitor to this Site, you can engage in many activities without providing any
personal information. In connection with other activities, such as utilizing
online software applications, NexTune may ask you to provide certain information
about yourself by filling out and submitting an online form. It is completely
optional for you to engage in these activities. If you elect to engage in these
activities, however, NexTune may ask that you provide us personal information,
such as your first and last name, mailing address (including zip code), e-mail
address, telephone and facsimile numbers, and other personal information. When
ordering products or services on the Site, you may be asked to provide a credit
card number. Depending upon the activity, some of the information that we ask
you to provide is identified as mandatory and some as voluntary. If you do not
provide the mandatory data with respect to a particular activity, you will not
be able to engage in that activity.
When you use the Site, NexTune
or third parties authorized by NexTune may also collect certain technical and
routing information about your computer to facilitate your use of the Site and
its services. For example, we may log environmental variables, such as browser
type, operating system, CPU speed, and the Internet Protocol ("IP")
address of your computer. We use these environmental variables to facilitate and
track your use of the Site and its services. NexTune also uses such
environmental variables to measure traffic patterns on the Site.
When you submit personal information to NexTune through this Site,
you understand and agree that this information may be transferred across
national boundaries and may be stored and processed in any of the countries in
which NexTune and its affiliates and subsidiaries maintain offices, including
without limitation, the United States. You also acknowledge that in certain
countries or with respect to certain activities, the collection, transferring,
storage and processing of your information may be undertaken by trusted vendors
of NexTune. Such vendors are bound by contract to not use your personal
information for their own purposes or provide it to any third parties. One
instance where this could occur is in conjunction with framed pages in which the
url for the pages is not visible and the pages are being hosted by a vendor of
NexTune.
NexTune has established relationships with various
service providers whose services are available to you from this Site or from web
sites that are linked to this Site. Typically, these providers offer services
that NexTune customers might find useful, such as those that can be used in
conjunction with NexTune services and products. In order to use those services,
you may be required to provide personal information to the providers. Unless
expressly provided to the contrary, personal information that you provide while
you are visiting a provider’s web site will be subject to the privacy
policy posted on such site and personal information that you provide while on
this Site in conjunction with a provider’s service will be subject to this
Privacy Policy. You should be aware that our agreements with these service
providers often provide that they will share with NexTune personal information
collected from you. In such instances, NexTune may use this information in a
manner consistent with this Privacy Policy.
In order to reduce
errors in our database, authenticate our users and prevent abuse of our system
we may on occasion supplement the personal information you submit to us with
information from third party sources. For example, we may supplement your
registration information with address information provided by the U.S. Postal
Service to qualify your information and prevent errors in our database.
How your Personal Information is Used
NexTune
collects your information in order to record and support your participation in
the activities you select. If you subscribe to a service or register a product,
for example, the information is used to register your rights, if any, to
technical support or other benefits that may be made available to registered
users. As another example, if you enter a contest, information is collected to
qualify the entry and contact you regarding the contest or prize awards. Your
personal information is also used to keep you informed about product upgrades,
special offers, and other products and services of NexTune and selected third
parties if you have so opted to receive such communications.
NexTune may collect information about your use of the Site; such
as the types of services used and how many times you have entered the
site.
Protection of Your Personal Information
The personal information that you provide in connection with registering
yourself as a user of NexTune products or services or registering a NexTune
product is classified as Registration Information. Registration Information is
protected in several ways. Access by you to your Registration Information is
available by contacting NexTune and providing your registration number and
unique Account ID. We request that you do not divulge your registration number
or your Account ID to anyone except NexTune personnel. NexTune personnel will
verify your identity by asking you for your address, phone and email address.
Under no circumstances will NexTune personnel divulge credit card information
over the phone or transmit credit information via email. In addition, your
Credit and Registration Information resides on a secure server that only
selected NexTune personnel have access to via password. NexTune encrypts your
registration and credit information and thereby strives to prevent unauthorized
parties from viewing such information when it is transmitted to NexTune.
Personal information that you provide that does not constitute
Registration Information also resides on a secure server and is only accessible
to selected NexTune personnel and contractors via password. Since this
information is not accessible by you, you will not be asked to select a password
in order to view or modify such information.
Please note that any
information you post to a public bulletin board or chat room, such as the
NexTune User to User Forums (the “Forums”), is available to all
persons accessing that location. Your email address would then be available to
all persons accessing the Forums.
Use of Cookies
When you visit this Site, you can browse the Site and access
important information without revealing your identity. In order to improve our
Site, we use “‘cookies” to track your visit. A cookie is small
amount of data that is transferred to your browser by a Web server and can only
be read by the server that gave it to you. It functions as your identification
card, and enables NexTune to record your passwords, purchases, and preferences.
It cannot be executed as code or deliver viruses.
Most browsers
are initially set to accept cookies. You can set your browser to notify you when
you receive a cookie, giving you the chance to decide whether or not to accept
it. (For some Web pages that require an authorization, cookies are not optional.
Users choosing not to accept cookies will probably not be able to access those
pages.)
While NexTune uses cookies to track your visit to
NexTune.net, and our Web servers automatically log the IP/Internet address of
your computer or the network card residing on your computer, NexTune does not
generally use this information to identify you personally. However, if you
register a product or expressly provide consent for NexTune.net to
"remember" the unique identifier when you register for various
activities on the site, that unique identifier will be stored on a cookie on
your computer or in our database, linked to your registration information, and
your navigation path around the site will be tracked. We associate this data to
understand how our site and services are being used so we can understand our
customers and offer appropriate products and services.
Privacy Related Inquiries and Complaints
NexTune takes its users’ privacy concerns seriously. If you
believe that NexTune has not complied with this Online Privacy Policy with
respect to your personal information or you have other related inquiries or
concerns, you may write the NexTune Privacy Officer at NexTune’s address:
2563 152nd Ave NE Redmond Way Suite D15, Redmond, WA 98052 and its telephone
number is (425) 869-9095 .
In your letter, please describe in as
much detail as possible the nature of your inquiry or the ways in which you
believe that the NexTune Online Privacy Policy has not been complied with. We
will investigate your inquiry or complaint promptly.
Please note
that if you provide NexTune with inconsistent privacy preferences (for example,
by indicating on one occasion that we may contact you with marketing offers and
indicating on another occasion that we may not), NexTune cannot guarantee that
your most recent privacy preference will be honored.
Also, please
note that NexTune is not responsible for the content or privacy practices of
non-NexTune Web Sites to which this Site or any other NexTune Web Site may link.
You should review the privacy policy of such sites before using the sites.
