Set.fm, Inc. ("Set.fm") is proud to offer various services and products. Inherent in the offering of services is the exchange of information, including personal information by you. Set.fm takes your privacy seriously. Set.fm requests that you read the following to learn more about our privacy policy. By visiting the Set.fm websites (including, but not limited to, http://set.fm) and all Set.fm applications, or any links from the Set.fm websites and applications, or services and software offered from time to time by Set.fm in connection therewith (collectively, the "Applications"), submitting information, or using any of our services, you acknowledge that you accept the practices and policies outlined in this privacy policy (the "Privacy Policy"). YOU MUST BE 18 OR OLDER TO USE Set.fm APPLICATIONS.
1. WHAT DOES THIS PRIVACY POLICY COVER?
This Privacy Policy covers Set.fm's treatment of information that Set.fm gathers when you are accessing Set.fm's Applications as a consumer and when you use Set.fm services as a customer (the "Information"). Also, this Privacy Policy covers Set.fm's treatment of your Information that Set.fm's business partners share with Set.fm. This Privacy Policy does not apply to the practices of third parties that Set.fm does not own or control (such as third-party websites and applications that you may access from the Applications), or to individuals that Set.fm does not employ or manage.
2. WHAT INFORMATION DOES SET.FM COLLECT?
The Information we gather from consumers and customers enables Set.fm to personalize and improve our services and to allow our consumers and customers to set up accounts on the Applications. In connection with the Applications, we request and display some Information to other consumers and visitors of the Applications, which allows consumers to identify artists and goods on the Applications. We collect the following types of information from our consumers and customers.
Information You Provide to Us:
We receive and store any information you enter on our Applications or provide to us in any other way. The types of Information collected include, without limitation, your full name, email address, mailing address, phone number, IP address, browser information, password, contact information, credit card or bank account information, PayPal account, transactional information based on your activities on the Applications, social media accounts and login information you provide to access such accounts inside Set.fm, and media consumed on the Applications 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.
Information Collected Automatically:
Set.fm receives and stores certain types of information whenever you interact with our Applications or services. Set.fm automatically receives and records information on our server logs from your browser including your IP address, Set.fm cookie information, the page you requested, and the media you have consumed (e.g., viewed, played, downloaded, uploaded, and shared).
Generally, Set.fm Applications automatically collect usage information, such as the numbers and frequency of visitors to our site and its components, similar to TV ratings that indicate how many people watched a particular show. This type of data enables Set.fm to figure out how often consumers use parts of the Applications or services so that we can make the Applications appealing to as many consumers as possible, and improve those services.
The Use Of Cookies?
Cookies are alphanumeric identifiers that Set.fm transfers to your computer's hard drive through your browser to enable Set.fm systems to recognize your browser and tell us how and when pages in our Applications are visited and by how many people. Set.fm cookies do not collect Information, and except as necessary to investigate claims of fraud or other misconduct or as otherwise necessary to track purchases for purposes of calculating credit under our affiliate or referral program, we do not combine the general information collected through cookies with other personal Information to tell us who you are or what your screen name or email address is.
We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Applications’ most attractive features.
Advertisements and offers appearing on the Applications may be delivered to consumers and customers by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Set.fm and does not cover the use of cookies by any advertisers or other third parties with whom Set.fm may work. Set.fm does not access or control such third party cookies; please refer to those companies' privacy policies each time you visit their websites, applications and services.
3. HOW DOES SET.FM USE THE INFORMATION IT COLLECTS FROM ME?
The Information you provide Set.fm is used for purposes such as responding to your requests for certain products and services, customizing the content you see, communicating with you about specials, sales offers, and new features, and responding to problems with our services.
Set.fm may use all of the Information that it collects from our users and consumers to understand usage trends and consumer and customer preferences, to improve the way the Applications work and look, to improve Set.fm marketing and promotional efforts, and to create new features and functionalities. Set.fm may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Applications; (b) provide custom, personalized advertisements, content, and information; (c) monitor the effectiveness of Set.fm marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.
Set.fm may use your email address or other personally identifiable information to you promotional or marketing information or to provide you with information about a specific program or feature you have elected to participate in or receive information about.
4. WILL SET.FM SHARE ANY OF THE INFORMATION IT RECEIVES?
Information about Set.fm customers is an important component of our business, and we may share such Information with Set.fm corporate parent or other affiliated entities. Except as expressly described below, Set.fm neither rents nor sells your Information to other people or nonaffiliated companies. Set.fm may share your Information when Set.fm has your permission, and Set.fm may share your Information under the following circumstances:
Set.fm provides Information, (i) to the content owners (e.g., artists, managers, and record labels) that relates to their fans (e.g., regarding which fans are consuming and sharing what pieces of media at what levels), subject to the ability of such fans to opt-out of promotional communications, and (ii) Set.fm may provide aggregate information to our partners about how Set.fm consumers or customers, collectively, use Set.fm Applications. For the avoidance of doubt, when you purchase a particular artist's music, that artist may receive your name and e-mail address. An artist may also be able to identify the web page or link (included e-mail addresses to the extent a link was embedded in an e-mail) from which you have been referred to an artist's page on Set.fm or social media site.
Affiliated Artists and Rightsholders We Do Not Control:
Set.fm is affiliated and works closely with artists and rightsholders (e.g., record labels, music publishers, etc.). In certain situations, these businesses sell items to you through Set.fm's Applications, for example, the labels, musicians and other artists from which you purchase or use products or services through the Applications. In other situations, Set.fm provides services, or sells products jointly with affiliated businesses. Set.fm will share Information that is related to such transactions with that affiliated business.
Third Party Service Providers:
Set.fm employs other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples of such information include, without limitation, fulfilling orders, distributing media via any and all formats, delivering packages, sending postal mail and email, analyzing data, processing credit card information, social media websites and applications, and providing customer service. Unless Set.fm explicitly states otherwise, such third party service providers do not have any right to use Information Set.fm shares with them beyond what is reasonably necessary to assist Set.fm. You hereby consent to Set.fm sharing of Information for the above purposes.
Business Transfers:
If Set.fm, or all or any portion of its business or assets, are rebranded, acquired, sold, or otherwise transferred, including in any merger or other transaction, or in the unlikely event that Set.fm goes out of business or enters bankruptcy, consumer and customer Information would be one of the assets that is transferred to or acquired by the successor or acquirer (or a third party through bankruptcy). You acknowledge and agree that such transfers may occur in any of these circumstances, and that any acquirer or successor or other party acquiring all or any portion of Set.fm's business or assets may continue to use your Information as set forth in this policy.
Protection of Set.fm and Others:
Set.fm may release Information when Set.fm believes in good faith that release is necessary to comply with any applicable laws, rules or regulations; enforce or apply Set.fm terms and conditions of use and other agreements; or protect the rights, property, or safety of Set.fm, its employees, its users, or others. This section includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Opt-In for Promotions:
Set.fm does not share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.
With Your Consent:
Except as set forth above, you will be notified when your Information may be shared with third parties, and will have the option of preventing the sharing of this information.
5. IS MY PERSONAL INFORMATION SECURE?
Your Set.fm account Information is protected by a password for your privacy and security. You need to protect unauthorized access to your account and 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.
If you share your password or your Information with others, remember that you are responsible for all actions taken in the name of your account. If you lost control of your password, you may lose substantial control over your Information and may be subject to legally binding actions taken on your behalf. Therefore, if you password has been compromised for any reason, you should immediately notify Set.fm and change your password.
Set.fm attempts to protect user information to ensure that user account information is kept private; however, Set.fm cannot guarantee or ensure the security of user account information. No one can guarantee such safety. Unauthorized entry or use by third parties, hardware or software failure, and other factors may compromise the security of user information at any time, including your Information.
6. WHAT INFORMATION CAN I ACCESS?
Set.fm may allow you to access certain information about you through the dashboard (for artists), and/or customer accounts, for the purpose of viewing, and in certain situations, updating that information.
7. WHAT CHOICES DO I HAVE?
As stated previously, you can always opt not to disclose Information to us; provided, however, that in order to purchase goods from Set.fm as a customer or to make goods available for sale as a client, you will have to provide Set.fm with Information. If you are unwilling to provide Information, then you cannot purchase or sell goods through the Set.fm managed domains.
When you update information, however, we often maintain a copy of the unrevised information in our records.
You may request deletion of your Set.fm account by contacting Set.fm's customer support at Set.fm@Set.fm.com. Please note that some information may remain in our records after deletion of your account.
You will be able to opt-out of receiving e-mail notices or solicitations from Set.fm or our affiliates by responding to a link included in each e-mail notice or solicitation.
8. MODIFICATIONS TO THE SET.FM PRIVACY POLICY
Set.fm may revise this Privacy Policy from time to time without prior notice to you. The most current version of the policy will govern our use of your Information and will always be available at http://set.fm/privacy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an e-mail notice to the e-mail address associated with your account. You and all consumers and customers are bound by any changes to the Privacy Policy when you or they use the Applications after such changes have been first posted. If you do not want to accept the new Privacy Policy, your sole remedy is to cease using Set.fm Applications.
9. LINKS AND THIRD PARTY ADVERTISERS
The Applications may contain links to other sites, applications, and services, including the sites of the bands, musicians and other artists from which you purchase or use products or services through the Applications. Set.fm is not responsible for the privacy policies and/or practices on other sites and applications (including the bands, musicians and other artists from which you purchase or use products or services through the Applications). When linking to another site or application you should read the privacy policy stated on that site or application. This Privacy Policy only governs information collected on the Applications.
10. CHILDREN
Consistent with the federal Children's Online Privacy Protection Act of 1998 ("COPPA"), Set.fm will never knowingly collect personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who provides their personal information to Set.fm through the Applications represents that they are 18 years of age or older.
11. WARNING TO INTERNATIONAL USERS
The Applications are hosted in the United States of America. If you are a customer or client accessing the Applications from the European Union, Asia, or any other region of the world with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, then please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions, and Set.fm makes no representations or warranties regarding compliance with such foreign laws.
By providing your personal data to Set.fm through the Applications, you consent to:
the use of your personal data for the uses identified above in accordance with the Privacy Policy; and
the transfer of your personal data to the United States as indicated above.
If you do not consent to any of the terms contained herein, your only remedy to stop using Set.fm Applications.