Privacy Policy

This privacy policy ("Privacy Policy") is designed to inform you about the type of information that merge.fm ("we," "us," or "our") may gather or collect from you ("you" or "users") in connection with your use of this website (this "Website"). It also explains the conditions under which we use and disclose that information, and your rights in relation to that information.

This Website is not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Website.

1. Non-Personally-Identifying Information. You can browse certain areas of the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information to our servers. We may collect both Non-Personally-Identifying Information and Personally-Identifying Information from you. "Non–Personally–Identifying Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. "Personally–Identifying Information," by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.

A. Gathering Non-Personally-Identifying Information. (i) Web Browsers. Like most site operators, we gather Non-Personally-Identifying Information from you of the sort that web browsers, depending on their settings, may make available. That information includes your Internet Protocol ("IP") address, operating system and browser type, and the locations of the web pages you view right before arriving at, while navigating and immediately after leaving this Website.

(ii) Web Cookies. A "Web Cookie" is a string of information that a site stores on your computer, and your browser provides to this Website, each time you submit a query to this Website. We may use Web Cookies to track the pages that you visit during each Website session, both to help us improve your experience and to help us understand how this Website is being used. If you do not wish to have web cookies placed on your computer, you should set your web browser to refuse web cookies before accessing this Website, with the understanding that certain features of this Website may not function properly without the aid of web cookies. If you refuse web cookies, you assume all responsibility for any resulting loss of functionality.

(iii) Web Beacons. A "Web Beacon" is an object that is embedded in a web page. It is usually invisible to you but allows site operators to check whether you have viewed a particular web page or email communication. We may place Web Beacons on pages of this Website and in emails we send to you. You may not decline Web Beacons. However, they may be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

(iv) Third Parties’ Use of Web Beacons and Web Cookies. This Website may include third-party advertising, links to other sites, and other content from third party businesses. The content posted by these parties will be reasonably identifiable as coming from a third party. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, sometimes use Web Beacons and Web Cookies to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who link from their respective sites to this Website, but this third party technology does not permit them to access your Personal Information. We do not have access to or control over Web Beacons or Web Cookies that these third parties may use, and the information practices of these advertisers and third-party websites or businesses are not covered by this Privacy Policy but are covered by their respective privacy policies as is described in more detail in Section 5 below. Some third party advertising companies may provide a mechanism to opt-out of their technology. For more information about these partners and links to their privacy policies, please view each third party’s site.

B. Use of Non-Personally-Identifying Information. We analyze Non–Personally–Identifying Information gathered from users of this Website to help us better understand how this Website is being used. By identifying patterns and trends in usage, we are able to better design this Website to improve your experiences, both in terms of content and ease of use. We link information gathered using Non-Personally-Identifying Information to Personally-Identifying Information.

C. Disclosure of Non-Personally-Identifying Information. From time to time, we may also release the Non–Personally–Identifying Information gathered from Website users in the aggregate, such as by publishing a report on trends in the usage of this Website.

2. Personally–Identifying Information. As defined above, Personally-Identifying Information is information that can be directly associated with a specific person or entity. We will only collect Personally-Identifying Information that you knowingly submit to us. We will not disclose your Personally-Identifying Information to third parties unless we obtain your permission to do so at the time we collect it, except as set forth below:

A. Collecting Personally-Identifying Information from Website Users i. Registration and Other Information Provided to Us. When you register with this Website, you may be asked to disclose Personally–Identifying Information. You may also choose to submit Personally-Identifying Information to us when you send us an email, set up a profile or use any interactive features and services that we may make available from time to time on this Website.

ii. Personally-Identifying Information Provided by our Affiliates and Business Partners We may also obtain Personal Information about you from our affiliates and business partners, based on information that has been shared with or made available to them.

B. Use of Personally-Identifying Information We may use the Personally-Identifiable Information that you submit for any purposes related to our business. We may combine Personally-Identifiable Information that you provide to us with Personally-Identifiable Information about you that we obtain from our affiliates and business partners.

C. Disclosure of Personally-Identifying Information Users may, at their option, disclose their own Personally-Identifying Information by any means they choose. We will disclose Personally-Identifying Information in the following circumstances:

i. Surveys. From time to time, we may also ask you to participate in surveys for our general business and marketing purposes. Any Personally-Identifying Information provided to us in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.

ii. Contests, Giveaways and other Promotions. From time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will be given the option to consent to the use of your Personally-Identifying Information at the time you sign up for the promotion. You will not be required to participate in any promotion.

iii. Employees, Third-Party Processors, Third-Party Service Providers and Third Party Affiliates. We will disclose Personally-Identifying Information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers who process Personally-Identifying Information on our behalf, participate with us in the provision or operation of this Website, provide you with services or make potential opportunities available to you.

iv. By Law, to Protect Rights and to Comply with Our Policies. We disclose Personally-Identifying information if: (1) required to do so by law, or in response to a subpoena or court order; (2) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (3) we believe that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.

v. Business Transfers; Bankruptcy. We reserve the right to transfer all Personally-Identifying Information in our possession to a successor entity in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity.

vi. Marketing Communications. We may email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving marketing materials from us, please follow the instructions at the bottom of each email for opting out.

viii. Public Information. Some information about your account and your account activity will be provided to other users of the Website. This may include the date you opened your account, the date you last logged into your account, your account username (not your email address), your account image, and your artist subscriptions. These are also displayed to other users when you engage in certain activities on the Website.

3. Third Parties. Third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that you provide directly to those third parties or that those third parties collect for themselves. We do not control the third-party sites that may be accessible through this Website. Thus, this Privacy Policy does not apply to information provided to third-party sites or gathered by the third parties that operate them. Before visiting a third-party site, whether by means of a link on this Website or otherwise, and before providing any Personally-Identifying Information to any third party, you should inform yourself of the privacy policies and practices of the third party responsible for that site, and should take those steps necessary to your discretion, to protect your privacy.

4. Privacy Policy Changes. Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify this Privacy Policy from time to time. We will alert you by email if this policy is revised (if you have given us your email address), and we will post a copy of the new policy with its effective date on this Website. It is therefore important that you register with the site and notify us if you change your email address. If you do not provide us with a current email address, you should regularly review this policy to ensure that you are informed of any changes.

5. Miscellaneous.

5.1 No Spam, Spyware, or Spoofing. We and our users do not tolerate spam, spyware, or spoofing. You are not licensed to add other users to your mail list (email or physical mail) without their express consent. You may not use our Website or our interactive features to send content that would violate our Terms of Agreement.

5.2 Account Protection. Your password is the key to your Website account. Use unique numbers, letters, and special characters and do not disclose your password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account according to our Terms of Agreement. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

5.3 Accessing and Changing Personal Information You can view, review and change most of your personal information by signing into the Website. We will not manually modify your personal information. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your user activity and in accordance with applicable law. We do retain personal information from closed accounts in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Agreement, and take other actions otherwise permitted by law.

5.4 Security We treat data as an asset that must be protected and use methods to protect your personal information against unauthorized access and disclosure. However third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Website. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

5.5 Questions and Feedback We welcome your questions and feedback. Please contact us at [email protected]

This Privacy Policy is effective as of and was last updated on March 9, 2010.