PRIVACY POLICY

Topspin Media, Inc. ("Topspin") knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the Topspin managed domains (currently topspinmedia.com and topspin.net) and websites or domain name, features, content, widgets, or application services offered from time to time by Topspin in connection therewith (collectively, the "Website"), submitting information, or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

Topspin is a licensee of the TRUSTe Privacy Program and the Children's Online Privacy Seal Program. TRUSTe is an independent organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices. Because this Website wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact Topspin's General Counsel at legal@topspinmedia.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://watchdog.truste.com/pvr.php?page=complaint&url=. TRUSTe will then serve as a liaison with us to resolve your concerns.

Topspin complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Topspin has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Topspin’s certification, please visit http://www.export.gov/safeharbor/.

The TRUSTe program covers information that is collected through this Website, and does not cover information that may be collected through any software downloaded from this Website.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers Topspin's treatment of personally identifiable information ("Personal Information") that Topspin gathers when you are accessing the Website and when you use Topspin services, such as our widgets. Also, this Privacy Policy covers Topspin's treatment of certain non-personally identifiable information about you and any Personal Information that Topspin's business partners share with Topspin. This policy does not apply to the practices of third parties that Topspin does not own or control, or to individuals that Topspin does not employ or manage.

WHAT PERSONAL INFORMATION DOES TOPSPIN COLLECT?

The information we gather from customers enables us to personalize and improve our services and to allow our users to set up a user account and profile that can be used to interact with other users through the Website. In connection with the Website, we may request and display some personal information to other users and visitors of Website, which allows users to identify each other. We collect the following types of information from our customers.

Personal Information You Provide to Us:

We receive and store any information you enter on our Website or provide to us in any other way. The types of Personal Information collected include, without limitation, your full name, email address, IP address, browser information, password, contact information, phone number, credit card or bank account information, PayPal or other payment processor credentials, transactional information based on your activities on the Website, and media consumed on the Website including, but not limited to, media viewed, played, downloaded, uploaded, and shared. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The Personal Information you provide is used for purposes such as responding to your requests for certain products and services, allowing you to interact with other users, customizing the advertising and content you see, and communicating with you about specials, sales offers, and new features.

Personal Information Collected Automatically:
  • We receive and store certain types of information whenever you interact with our Website or services. Topspin automatically receives and records information on our server logs from your browser including your IP address, cookie information, the page you requested, and the media you have consumed (e.g., viewed, played, downloaded, uploaded, and shared).
  • Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our Website and its components, similar to TV ratings that indicate how many people watched a particular show. This type of data enables us to figure out how often customers use parts of the Website or services so that we can make the Website appealing to as many customers as possible, and improve those services. As part of this use of information, (i) we may provide information to the content owners that relates to their fans (e.g., regarding which fans are consuming and sharing what pieces of media at what levels), and (ii) we may provide aggregate information to our partners about how our customers, collectively, use our Website (e.g., we share this type of statistical data so that our partners also understand how often people use their services and our Website, so that they, too, may provide you with an optimal online experience).
Personal Information Collected by Third Parties:

Topspin has contracted with third-party service providers to provide certain services to us, including monitoring certain pages of our website for the purpose of reporting website traffic, statistics, advertisement "click-thrus," and/or other activities on our website. Where authorized by us, these service providers may use cookies, web beacons, and/or other monitoring technologies to compile data about our website visitors. For more information, please see the "What About Cookies?" and "Clear Gifs (Web Beacons/Web Bugs)" sections of this Privacy Policy. If you have any questions about how information is collected and used by our service providers, please contact us at legal@topspinmedia.com.

Communications:

Topspin provides a marketing tool via the Website to allow artists and their representatives to market and distribute their media directly to users of the Website through e-mail, phone/voicemail and other forms of communication. If you are a fan of Topspin and want to subscribe to our newsletter, you can do so by entering your email address on our Website. We often receive a confirmation when you access a message from Topspin. Topspin uses this confirmation to improve the effectiveness of the marketing. If you do not want to receive communications from us or the artists who use Topspin's platform, please click the unsubscribe link contained at the bottom of any email sent using Topspin's service. Note however that you cannot unsubscribe from some administrative emails, such as order or shipment confirmations.

What about children's data?

Some of our artist's sites may be reasonably attractive to children. We do not intend to collect personal information from children under the age of 13, and if we find out we have collected this information, we will dispose of it immediately. Additionally, when our artists are aware that their music and other content may be reasonably attractive to children, we provide them with tools to ask for a user's date of birth and prevent the collection of personal information from children under 13.

What About Widgets?

Our Website and data collection devices include "Widgets," which are interactive mini-programs that run on our artists' sites to provide specific services from the artist (e.g. trading an email for a free song, purchasing an album, playing music, etc.). Personal information, such as your email address, may be collected through the Widget, which will subscribe you to an artist's newsletter in exchange for a free song. Cookies may also be set by the Widget to enable it to function properly. Topspin Widgets collect the same personal information that may be collected by the Website, as described above. Topspin is the data processor of the personal information collected through these Widgets when the Widgets are on an artist's site. However, because the artists are actually the controllers of this data, you should also refer to their privacy policy. Data is used by Topspin and the respective artists only for the purpose it is intended for.

Some of our Widgets have an "Email a friend" feature. If you choose to use our referral service to tell a friend about an artist, we will ask you for your friend's email address. The Widget will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Our Widgets also have a "share" feature. If you choose to use our share service to repost a Widget on another website, the third party website will request your login credentials (such as on Facebook). The Widget will then automatically post the Widget on that website, which is governed by the third party website's privacy policy.

What About Forums?

If you use a bulletin board, blog, or chat room on this Website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

What About Clear Gifs?

Topspin and companies providing services to or on behalf of Topspin (such as advertising partners, affiliates, and exchanges) use web beacons/page tags (1x1 pixels), to collect non-personally identifiable information about your activities when you visit the site. The data collected and tracked by the service is anonymous. Behavioral tracking information through web beacons does not collect, track, or require access to any personally identifiable information about any such visitors. This website uses web beacons to inform, optimize, and serve ads based on someone’s past visits to this website, or websites within advertising partners, affiliates, and/or exchanges. The data may include your location information associated with your IP address, web pages requested or viewed, date, time, domain and responses to advertisements. Information gleaned from your browser is automatically received and recorded. Topspin and/or its service providers, affiliates, and exchanges collecting non-personally identifiable information may use this information to advertise to you. Topspin and companies providing services to or on behalf of Topspin (such as advertising partners, affiliates, and exchanges) may collect information about when your saw ads served to you and what ads you clicked on. Topspin and companies providing services to or on behalf of Topspin may also use and disclose non-personally identifiable data derived from our advertising campaigns for reporting purposes, for scheduling and optimization of content delivery and, of course, if they are required to do so by law.

Opt Out Policy:
You may opt out by completing the following steps:
- Click the following link: Opt out

Opting out lets you opt out of ads shown to you based on factors such as your interests and demographic details on your computer’s browser. Opting out does not do the following:
- Stop ads altogether
- Disable other companies or exchanges interest-based ads
- Opt you out across multiple browsers or computers at once
- Keep you opted out after you clear your browser’s cookies.

What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive to enable our systems to recognize your browser and tell us how and when pages in our Website are visited and by how many people.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Website's most attractive features.

Notwithstanding anything else herein, we may 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. To trigger these cookies, we may pass an encrypted or hashed (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. No personally identifiable information is on, or is connected to, these cookies. To opt-out of these cookies, please go to http://www.privacychoice.org/choose.

WILL TOPSPIN SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES?

Personal Information about our customers is an integral part of our business. We neither rent nor sell your Personal Information to other people or nonaffiliated companies. We may share your Personal Information when we have your permission, and we may share your Personal Information under the following circumstances:

  • Affiliated Businesses We Do Not Control: We are affiliated with a variety of businesses and work closely with them. In certain situations, these businesses sell items to you through the Website, for example, the bands, musicians and other artists from which you purchase or use products or services through the Website. In other situations, Topspin provides services, or sells products jointly with affiliated businesses. Usually, you will be able to easily recognize when an affiliated business is associated with your transaction. We will share Personal Information with that affiliated business.
  • Agents: We employ other companies and people to perform tasks on our behalf relating to the services we provide. Examples of such information include, without limitation, fulfilling orders, delivering packages, sending postal mail and email, analyzing and gathering data, processing credit card information and providing customer service. By using our services, you consent to our sharing of Personal Information for the above purposes. Use by such service providers of personal information is governed by their privacy policies.
  • User Profiles: User profile information including users' name, email address, contact information, and other information you provide ("User Submissions") may be displayed to artists to facilitate direct communication with artists and users. Topspin artists and their colleagues can see this third party personal information when they use their portal. User profiles may be created by combining your information with other sources of information such as information obtained from public databases. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Do not disclose your password to anyone. If you share your password or your Personal Information with others, remember that you are responsible for all actions taken in the name of your account. 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 Topspin and change your password.
  • Third Party Advertisers: Topspin may serve third-party ads on or through the Website. In that event, we may share certain information about you with such advertisers and/or with advertising networks so that advertisers can present you with offers that are relevant to you. See "What Choices Do I Have?" below for opt-out information.
  • Aggregated Information. We may share aggregated information that includes your Personal Information, non-personally identifying information and log data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. See "What Choices Do I Have?" below for opt-out information.
  • Business Transfers: If Topspin, or substantially all of its business or assets, was acquired, or in the unlikely event that Topspin goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by the successor or acquirer (or a third party through bankruptcy). You acknowledge that such transfers may occur in any of these circumstances, and that any acquirer or successor of Topspin may continue to use your Personal Information as set forth in this policy.
  • Protection of Topspin and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Topspin, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  • With Your Consent: Except as set forth herein, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

IS PERSONAL INFORMATION ABOUT ME SECURE?

Your Topspin account Personal Information may be protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

The security of your personal information is important to us. If you enter sensitive information (such as credit card number and/or social security number, national ID, personal health information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). This security also applies to sensitive information collected on our Widgets.

The Website contains links to other sites, including the sites of the bands, musicians and other artists from which you purchase or use products or services through the Website. Topspin is not responsible for the privacy policies and/or practices on other sites (including the bands, musicians and other artists from which you purchase or use products or services through the Website). When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Website.

WHAT PERSONAL INFORMATION CAN I ACCESS?

Topspin allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information by sending us an email. This list will change as our Website changes.

  • Shipping information
  • Billing information
  • E-mail subscriptions to artists
  • Transaction history

WHAT CHOICES DO I HAVE?

  • As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain Topspin features.
  • You are able to add or update certain information on pages, such as those listed in the "What Personal Information Can I Access" section above. We will respond to your email request within 30 business days. When you update information, however, we may maintain a copy of the unrevised information in our records.
  • If you do not wish to receive promotional email from Topspin or artists who use the Topspin service, please click the unsubscribe link at the bottom of any email you receive from us. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes. As stated above, you cannot opt-out of some administrative emails, such as order receipts.
  • For more information on advertising and opt-out cookies, visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.rapleaf.com/opt-out

CHANGES TO THIS PRIVACY POLICY

Topspin may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make material changes in the way we use Personal Information, we will notify you by posting an announcement on the homepage of our Website or sending you an email. Users are bound by any changes to the Privacy Policy when they use the Website after such changes have been first posted.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding privacy at Topspin, please send us a detailed message to legal@topspinmedia.com. We will make every effort to resolve your concerns.

Effective Date: July 2008

Topspin Media, Inc.
1538 20th Street, 1st Floor
Santa Monica, CA 90404
Support

LAST UPDATED: June 7, 2010