LAST UPDATED: May 17, 2007
By registering your MVI, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not register your MVI. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy. Your registration of your MVI or retrieval of bonus content following such changes constitutes your acceptance of the revised Policy then in effect.
The MVI registration process is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the United States. Company does not represent or warrant that the MVI, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the MVI and the bonus content available in connection with the MVI do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls in connection with your use of the MVI and MVI-related services, and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of bonus content delivered through the MVI, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the MVI registration process and submitting any Personally Identifiable Information, visitors from outside of the United States using the MVI acknowledge that the MVI registration process is subject to United States law, consent to the transfer of Personally Identifiable Information to the United States, which may provide a different level of data security than in your country of residence, and waive any claims that may arise under their own national laws.
Note Regarding the Use of the MVI by Children: The MVI is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information through the MVI registration process.
1. What Types of Information Does Company Collect From Me?
Company gathers three basic types of information through the MVI registration process: "Personally Identifiable Information" (or "PII"), "Non-Personally Identifiable Information" (or "Non-PII") and "IP Addresses". Personally Identifiable Information is information that identifies you as an individual. Non-Personally Identifiable Information is aggregated information, demographic information and any other information that does not reveal your specific identity. An IP Address is the Internet Protocol address of the computer that you are using.
a. Personally Identifiable Information. You do not have to provide PII to use the MVI. However, in order for you to take advantage of particular opportunities provided through your MVI (for example, to obtain bonus content), we may require that you furnish PII. We collect PII from you through the MVI registration process only when you voluntarily provide it to us: such as your name, postal address, telephone number, e-mail address, credit card number or other payment account number.
b. Non-Personally Identifiable Information. The MVI is designed to utilize Internet connectivity, for example, in registering your MVI or viewing this Policy from the link provided on your MVI registration page. In registering your MVI, or otherwise accessing the Internet via your MVI, Company and third parties with whom Company has contracted to provide services to Company may collect Non-PII. Non-PII is generally collected in connection with your MVI from four different sources: environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.
i. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the MVI.
iii. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some web pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about MVI usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to MVI users and may be associated with cookies on the visitors' hard drives. Pixel Tags allow us to count users who have visited certain pages in connection with the MVI, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.
iv. Information That You Voluntarily Provide. Company also collects Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us.
c. IP Addresses. Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the online portions of the MVI, along with the time(s) of your visit(s) and the page(s) that you visited.
2. How Does Company Use Information Collected From Me?
a. Personally Identifiable Information. We may use your PII in the following ways:
i. Fulfillment of Requests. Company may use your PII to fulfill the purpose for which such PII was provided (e.g., to send newsletters to you, confirm your registration or fulfill your purchase).
ii. Administrative Communications. From time to time, in our sole discretion, we may use your PII to send to you important information regarding the MVI or changes to our terms, conditions, and policies. Because this information may be important to your use of the MVI and its related features, you may not opt-out of receiving such communications.
iii. Other Communications. If you opt-in, we may use your PII to inform you of news and special offers that we believe may be of interest to you. If you would prefer that we do not send such marketing messages to you, you may opt-out of receiving such messages by following the "unsubscribe" instructions in any such message. Additionally, if you would prefer that Warner not share your PII with the Affiliated Entities so that the Affiliated Entities can send you such marketing messages, please review the "Opt-Out" section below.
iv. Purchases. If you make a purchase in connection with the MVI, we may collect your credit card number or other payment account number (for example, your wireless account number), billing address and other information related to such purchase (collectively, "Payment Information") from you, and may use such Payment Information in order to fulfill your purchase. If applicable, we may also provide such Payment Information, or other PII provided by you, to third parties as necessary to complete your purchase (for example, to process your credit card or payment account number). To the extent that Payment Information includes Non-PII, use of such Non-PII is governed by Section 2.b below.
v. Internal Business Purposes. We may also use your PII for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends, targeting advertising, and determining the effectiveness of our promotional campaigns.
vi. Third Party Service Providers. We work with third parties who provide services including but not limited to data analysis, order fulfillment and other services of an administrative nature. We reserve the right to share your PII with such third parties for the purpose of enabling these third parties to provide such services (for example, if you choose to buy wireless products or services from us, we may share your personally identifiable information with your wireless carrier and our third party service providers so that such products and/or services can be delivered to you and/or your mobile device).
vii. Assignment. We reserve the right to transfer any and all information that we collect from MVI users to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Company's (including any Affiliated Entity's) business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
viii. Law enforcement; emergencies; compliance. Finally, notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose your PII to others as we believe to be appropriate (a) under applicable law including laws outside your country of residence; (b) to comply with legal process (c) to respond to governmental requests including from governments outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of our artists; (f) to protect the rights, privacy, safety or property of Company, our artists, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non‑PII, which does not personally identify you, with third parties, for any purpose.
In some instances, we may combine Non-PII with PII (such as embedding e-mail addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined (see Section 2.a above).
c. IP Addresses. We use your IP address, and the IP addresses of all users, for purposes such as calculating MVI usage levels, helping diagnose server problems, targeting advertising, and administering the online portions of the MVI. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites. Please note that we treat IP Addresses, server log files and related information as Non-PII, except where we are required to do otherwise under applicable law.
3. Other Important Notices Regarding Our Privacy Practices.
a. Profiles. We may provide functionality in connection with the MVI that allows you to create a "profile page" (your "Profile") and post certain information and materials on your Profile. Please note that your Profile, including all PII available in your Profile, may be accessible to other users. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, in your Profile. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII YOU DISCLOSE IN YOUR PROFILE.
b. Information Posted by Visitors. Company may make available through the MVI services to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise in connection with the MVI becomes public information, and may be available to visitors to the applicable services and to the general public. In addition, when you choose to make a posting on such services, certain PII (for example, a link to your Profile that contains PII), may be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, in connection with the MVI. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE TO OTHERS IN CONNECTION WITH THE MVI.
d. Security. We use reasonable organizational, technical and administrative measures to protect PII under our control. Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, although we strive to protect your PII, we cannot ensure or warrant the security of any information you transmit to us through or in connection with your MVI. You acknowledge and agree that any information you transmit through your MVI is so transmitted at your own risk. Similarly, no method of data storage is completely secure, and any PII that we receive from you and store on our systems is at risk of being stolen, corrupted or otherwise compromised. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with "Contacting Us," below (note that physical mail notification will delay the time it takes for us to respond to the problem). Additional important information about MVI-related security issues is provided in Section 4.a below.
e. Opt-Out. If you would prefer not to receive e-mail marketing messages from Warner, please utilize the unsubscribe mechanism in the latest e-mail message you have received. Additionally, if you prefer that Warner not share your PII with the Affiliated Entities for their marketing purposes, please send an e-mail to email@example.com with the words "MVI opt out from affiliates" in the subject line.
Please note, however, that if you opt-out as described above, such opt-out will apply only with respect to the PII associated with the particular e-mail address that you use to send Warner your opt-out request. If you have more than one e-mail address registered with Warner, please opt-out using each e-mail address that you have registered with Warner.
Additionally, please note that if you opt-out as described above, Warner will not be able to remove your PII from the databases of the Affiliated Entities with which Warner has already shared your PII (i.e., to which Warner has already provided your PII as of the date that we implement your opt-out request). If you wish to cease receiving e-mail marketing messages from such Affiliated Entities, please contact such Affiliated Entities directly or utilize the opt-out mechanisms set forth in their respective e-mail marketing messages.
f. Changing or Suppressing Your PII. If you would like to review, correct, update, suppress or otherwise limit our use of the PII that you have previously provided to us through the MVI registration process, you may contact us by e-mail at firstname.lastname@example.org. For your protection, we will only implement such requests with respect to the PII associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request.
In each event, you must clearly indicate the information that you wish to have changed, clearly indicate that you wish to have your PII suppressed from our database or clearly indicate the limitations you wish to put on our use of your PII. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom. Finally, we are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared your PII, or limiting their use of your PII.
4. Important Notices Regarding the MVI Registration Process
a. MVI Security. In providing you with MVI-related services, we seek to strike a balance between the security of your data and your convenience. We do this because we believe that our customers attach value to both. As a result, we will often use a method of communication that is less secure than other, less convenient alternatives. An important example of this involves the registration process. When you send your data to us via the MVI registration page, such data will be sent to us in unencrypted form. Similarly, when we send e-mail to you pursuant to your registration, we send it in an unencrypted form. We do this because we believe that many of our customers do not currently have the capability to send or receive encrypted e-mail, and because we do not receive or send highly sensitive data (such as credit card numbers or social security numbers) as part of our registration process. If you are concerned by the fact the MVI registration process involves the unsecured transmission of your first and last name, e-mail address, postal code and mobile phone number, please do not register your MVI.
b. MVI Registration. As noted in Section 1.a, in order to register your MVI, you will be required to provide your contact information in order to receive bonus content (such as updates) and to use certain of the interactive features of your MVI. By registering, you indicate that you would like to receive bonus content, and that, as a registered user, we may send you updates and additional bonus content. The PII that you provide to us in registering will be used by us in accordance with this Policy, and, if you indicate on the MVI registration page that you would like to receive e-mails about our latest news and special offers, we will provide you with such news and offers. Also, in order to facilitate the MVI registration process, a small ".ini" file will be created on the computer on which you use the MVI. This file contains a copy of the information that you provide to us when you register your MVI. The PII you provide via the MVI registration process will continue to be displayed on the registration page of your computer following registration and will also remain in the "user.ini" file on your computer. You can remove your registration information from the computer at any time by selecting the "Clear My Registration" button, and you are always free to delete the "user.ini" file at any time. Please note that, if you clear your registration or delete this file from your computer, you may continue to access your MVI, but you may not be recognized as a registered user during your next session.
c. Shared/Public Computers. Because PII you provide via the MVI registration process will continue to be displayed on the registration page of your computer following registration and will remain in the "user.ini" file on your computer, if you are using a shared or public computer and decide to register your MVI from such computer, we recommend that you delete this information from the computer when you log out by clicking on the "Clear My Registration" button.
5. Contacting Us
If you have any questions regarding this Policy, please contact us by e-mail at email@example.com, or please write to the following address:
Warner Music Group
75 Rockefeller Plaza
New York, NY 10019
Attn: Privacy Coordinator
Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.