Privacy Policy

Last Updated March 17, 2005

Welcome to BlueBeat. We value your privacy, and want you to know what information we collect and what we do with it.

BlueBeat, Inc. ("BlueBeat") provides a variety of online services, from electronic commerce to digital distribution of music. Because the success of BlueBeat is dependent on building and maintaining goodwill with our customers, we are committed to implementing measures designed to protect the privacy of those using our services. Moreover, we see it as our responsibility to help set an example and establish the standards for privacy on the Internet.

BlueBeat respects the privacy of all those who visit our web site and use our online services. Any information collected from our members and visitors by BlueBeat is either not used, or used in limited ways. Specifically, this Privacy Policy governs your interaction with the BlueBeat web site, and your registration for and use of BlueBeat's online services. Except as set forth within this Privacy Policy and our Terms of Service and other published guidelines, we do not release personally identifiable information about our members and visitors without their permission.

Please note that BlueBeat reviews its privacy practices from time to time, and that those practices are, therefore, subject to change. We ask that you bookmark and periodically review this page to ensure continuing familiarity with the most current version of our Privacy Policy. To contact BlueBeat about privacy issues, to report a violation of our Privacy Policy or to raise any other issue, please e-mail us at privacy@bluebeat.com.

THE INFORMATION WE GATHER.

BlueBeat gathers two types of information about users:

  1. Non-personally identifiable information:

    When visitors come to our web site, we collect and aggregate information indicating, among other things, which pages of the web site were visited, the order in which they were visited and which hyperlinks were "clicked." Collecting such information involves the logging of the IP addresses, operating system and browser software used by each visitor to the BlueBeat web site. Although such information is not personally identifiable, we reserve the right to determine from an IP address a visitor's Internet Service Provider and the geographic location of his or her point of connectivity.

    We also use "cookies" - that is, small text files placed on a user's computer hard drive - to help us determine the type of content and sites to which a visitor to the BlueBeat site links, the length of time each visitor spends at any particular area of the BlueBeat site and the BlueBeat services visitors choose to use. Essentially, cookies are a visitor's identification card for the BlueBeat computers, or servers, that placed them there. Cookies are only read by the server that placed them, and are unable to execute any code or virus. Cookies allow BlueBeat to serve you better and more efficiently, and to personalize your experience at BlueBeat's web site. Nevertheless, you should be able to control how and whether cookies will be accepted by your web browser (though blocking cookies may likely prevent you from logging in to the BlueBeat music service). For more information on how to do so, please refer to the documentation accompanying your browser.

  2. Personally identifiable information:

    In certain areas of the BlueBeat web site - for example, when registering to become an BlueBeat member - we require that you provide us with personally identifiable information (including possibly, for example, first name, surname, street address, email address, telephone number, username, password and, when applicable, credit card information and billing address).

    Your username will be how you are identified to other members within the service (see "Submissions and Postings" and "Forum" sections of the BlueBeat Terms of Use), so please choose accordingly.

    We may also ask you to provide additional information about your music preferences, so that we can cater to those preferences.

    Additionally, if you submit information to us (such as when contacting us with a question or problem related to the service), we may retain your emails and other information you submit to us for our internal purposes, and to help us provide better customer support.

    Finally, we may also have contests, sweepstakes and/or other promotions at our site, or in partnership with one or more third parties, as part of which, we may request contact and other information from you if you choose to participate.

    We do not knowingly collect personally identifiable information from children (defined herein as minors younger than eighteen years of age) without obtaining parental consent. We ask that children, before registering for membership with BlueBeat, have their parents read our Privacy Policy. We encourage children to have a parent or guardian undertake the registration process.

    BlueBeat does not control the acts of its members or visitors. All members and visitors should be aware that, when they disclose personally identifiable information in a bulletin board, chat room, guestbook or other forum, the information may be collected and used by others to send that person unsolicited email from other parties outside BlueBeat. In the event that you encounter any BlueBeat user who is improperly collecting or using information about you or other users, please contact privacy@bluebeat.com.

  3. BlueBeat Client and Digital Rights Management Software:

    After you register for the BlueBeat Music service, you will be prompted to download the BlueBeat Client software application.

    In order to make sure the BlueBeat Client is functioning at its best, from time to time we may send the BlueBeat Client automatic fixes, support files, updates, upgrades and enhancements. In the event that we make a change that materially affects your privacy, we will notify you of the change and post a new version of our privacy policy for your review.

    BlueBeat utilizes digital rights management software that is used to protect the copyrights associated with the digital music files that you obtain rights to use via BlueBeat Machine service.

    In order to make sure artists and all other copyright participants receive applicable royalties, this software identifies and counts the songs you've streamed, and if applicable, downloaded and converted to portable downloads, played in downloaded form, and burned or transferred to portable devices.

    BlueBeat aggregates this usage data to report and pay royalties, for internal analysis and to share with certain strategic partners for their own analysis. Please be assured, however, that we will not share your personally identifiable usage data with any third parties without your consent.

    We may use your personally identifiable usage data for a variety of service-related purposes, such as to provide a more personalized service, to address customer care questions, and if applicable, billing questions, and to restore lost download rights, or synchronize your rights to another computer, or for similar internal purposes.

HOW WE USE (AND DO NOT USE) THE INFORMATION WE GATHER.

Please take some time to familiarize yourself with the different ways BlueBeat uses the information that it gathers. Keep in mind that, while BlueBeat encourages all third parties involved - including but not limited to its affiliates and advertisers - to adhere to our policies regarding the privacy of our visitors and members and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from BlueBeat or independently. Nevertheless, in the event that you encounter any third party associated with, or who claims association with, BlueBeat, who you feel is improperly collecting or using information about you, please contact privacy@bluebeat.com; we will be happy to forward your concern to the third party.

  1. Non-personally identifiable information:

    BlueBeat uses non-personally identifiable information in aggregate form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our members and visitors, and by measuring demographics and interests regarding specific areas of the BlueBeat web site. We may provide statistical information based on this data to advertisers, affiliates and other current and potential business partners. We also may use the aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their web sites.

    The BlueBeat web site contains links to other Internet web sites, including co-branded or other affiliated sites which may or may not be owned or operated by BlueBeat. Unless otherwise explicitly stated, we are not responsible for the privacy practices or the content of such web sites, including such sites' use of any information (such as IP number, browser type or operating system) collected when visitors to the BlueBeat web site click through links to those sites. Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of each site you visit.

  2. Personally identifiable information:

    This Privacy Policy serves to notify you that personally identifiable information is collected during registration. Although you may not "opt out" of the registration process if you wish to become a BlueBeat member, you may choose to "opt out" of receiving promotional materials from BlueBeat and/or its affiliates, advertisers or other business partners. If you do not "opt out" of receiving such promotional materials, BlueBeat reserves the right to release any personally identifiable registration information regarding you to third parties who provide goods or services that we believe may be of interest to you. We will not release your credit card information to third parties unless necessary to complete a transaction between you and such a third party. If you decide that you would like to discontinue receiving promotional information from such third parties, please contact those third parties directly, or change your notification preferences on the BlueBeat web site in the account management section when logged in to the site. If you have trouble doing this, contact us at privacy@bluebeat.com.

    BlueBeat limits its own e-mail solicitations to those customers who have not "opted out" of receiving such communications. The solicitations are limited in that they, among other things, will clearly indicate the originator of the e-mail and provide the customer with a method of "opting out" of receiving future communications of a similar nature.

    In addition, BlueBeat may sometimes uses individual data to "target" advertising - to decide which advertisements and sponsor messages to show to which members. As an example, if an advertiser wishes to display its advertising only to female BlueBeat members, BlueBeat uses member registration data, if it has previously collected that data from its users, to ensure that such advertiser's ads are displayed only to female members.

    We reserve the right to release information contained within our access logs concerning any visitor or member when that visitor or member violates our Terms of Service or other published guidelines, causes injury to or interferes with (either intentionally or unintentionally) our rights or property, or partakes (or is reasonably suspected of partaking) in any illegal activity, even without a subpoena, warrant or other court order, and to release such information in response to court and governmental orders, civil subpoenas, discovery requests and as otherwise required by law. We cooperate with law enforcement agencies in identifying those who may be using our servers or services for illegal activities. We also reserve the right to report any suspected illegal activity to law enforcement individuals or entities for investigation or prosecution.

    If and when BlueBeat sponsors a contest, sweepstakes or other promotion (whether on our own or with one or more third parties), we will use the information you provide to conduct the promotion and for other purposes to which you consent. When we partner with third parties in offering contests or sweepstakes, we may share (provide and receive) information with them.

CHANGING OR DELETING PERSONAL INFORMATION; BUSINESS TRANSFERS.

If you would like to have your personally identifiable information removed from BlueBeat's database, please contact us at privacy@bluebeat.com, and we will use reasonable efforts to comply with your request. Please note, however, that there will be residual information that will remain within BlueBeat databases, access logs and other records, which may or may not contain such personally identifiable information. The residual information will not be used for commercial purposes; however, BlueBeat reserves the right, from time to time, to recontact former customers or users of BlueBeat.

In addition, we may sell or transfer assets or portions of our business as we continue to improve our product and service offerings. In such transactions, user or visitor information (whether non-personally identifiable or personally identifiable) may constitute one of the transferred business assets.

SECURITY

BlueBeat endeavors to protect the security of your personal information and your choices for its intended use. We use secure SSL technology to protect the transmission of sensitive information such as your credit card number. We store your personal information on a secure server, and use special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction.

LINKS

We may display links to other sites. We are not responsible for those other sites, their privacy policies or how they treat information about their visitors or members. We advise you to check their privacy policies to find out how they are treating your personal information.

QUESTIONS?

Questions regarding this Privacy Policy should be directed to BlueBeat

Email at:

privacy@bluebeat.com

or, if by U.S. mail, at:

Post Office Box 8447
Santa Cruz, California 95061
Attn: Privacy.

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