Privacy

MAGNIFI® PRIVACY POLICY

Updated: June 2, 2015

Welcome to Magnifi™ a service provided by Opus Deli, Inc. (“Magnifi”, “we”, “our”, us”). Your privacy is extremely important to us. This Privacy Policy explains how we collect, store, use and disclose your personal information when you use or access our Websites, Apps and Services. Please take a few minutes to read this Privacy Policy so you understand how we treat your Information. Please also review our General Terms of Service, and if you are or represent an artist – our Artist Terms of Service, which govern your use of our Platform.

1. DEFINITIONS

Any capitalized terms that are not defined in this Privacy Policy have the meaning ascribed in the General Terms of Service and/or the Artist Terms of Service.

“Websites” means collectively, Magnifi.fm, m.Magnifi.fm and all corresponding web pages and websites associated with the foregoing URLs and any other websites owned or controlled by us.

“Apps” means Magnifi’s mobile applications.

“Services” means the Content, applications, features, functionality, information and services offered by Magnifi through our Apps and/or Websites, including, without limitation, our music players and play buttons embedded on or accessible through third party websites, and any other viral, embeddable or application/device-based features and related technology such as APIs, widgets, plugins and applications.

“Platform” means collectively, Magnifi’s Websites, Apps and Services.

“Personal Information” means any information we collect (automatically or provided by you), or that is provided to us by a third party platform, from or in connection with your use of our Platform that would allow someone to identify or contact you, such as your real name, email address, physical address, payment card information, telephone number(s), etc.

“Additional Information” means any information other than Personal Information that we collect (automatically or provided by you), or that is provided to us by a third party platform, from or in connection with your use of our Platform.

“Information” means collectively, Personal Information and Additional Information.

“Advertising Service Providers” means collectively, third party advertising networks, data exchanges, traffic measure service providers, marketing analytics service providers and other related third parties.

1. INTRODUCTION

1.1 This Privacy Policy will remain in full force and effect, even if your use of or participation in the Platform or any other particular service, feature, function or promotional activity offered on or in connection with the Platform terminates, expires, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in any aspect of the Platform which requires or utilizes any of your Information. This Privacy Policy applies regardless of the device you use to access the Platform and regardless of whether you are a registered user or not. By using the Platform, you are consenting to the use of your Information in the manner set out in this Privacy Policy. If you have any questions or concerns, you can contact us atlegal@magnifi.fm.

1.2 By accessing and/or using the Platform, you affirmatively consent to our collection and use of your Information in accordance with the terms and conditions of this Privacy Policy.

1.3 This Privacy Policy governs only your Information as defined above and does not cover any other information collected in any other manner or by any other third party, unless specifically stated. Where you have provided information to third parties, including, but not limited to, marketing companies, advertisers and service providers and have provided sufficient consent, we may obtain such information and combine it with your Information, and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

1.4 This Privacy Policy only applies to our Platform. When using our Platform, you may find links to other websites, apps, services or tools that enable you to share information with other websites, apps, services or tools. Magnifi™ is not responsible for the privacy practices of these other websites, apps, services or tools, and we recommend that you review the privacy policies of each of these before connecting your Magnifi account or sharing any of your information.

2. INFORMATION WE COLLECT FROM YOU

We collect Information about you from various sources:

2.1 Information Provided by You:

(a) You don’t need to provide us with any Information in order to access our Platform. However, certain aspects of our Platform do require you to provide and/or make available (e.g., via third party platform permissions and consents) to us certain Information, including, but not limited to, during the account registration process, in artist and/or user profiles, in communication and networking features, and via purchases and other functionality. This Information may include, but may not be limited to:

(1) Registration Information: When you register any kind of Magnifi™ account, you will need to provide your email address, a username and choose a password. You may also be required to enter your month and year of birth. In addition, if you register an artist account, you will also need to provide your artist name, real name, musical genres, and primary city. Please note that if you choose a username that includes or reveals your real name or any other Personal Information, such information may be available to other users of the Platform and to the general public.

(2) Profile Information: You may choose, at your discretion, to provide Information for your public profile on Magnifi™ - for example: your real name; the city, state/province and country where you live; a profile picture/avatar; a personal bio; and details, usernames and handles of your other websites and social media profiles, including links to those websites and profiles. None of this profile information is mandatory, and you may delete, edit or change it at any time.

(3) Correspondence Information: You will provide certain Personal Information if you contact us by email, use any of the webforms on our Website, or contact us by mail, fax or other offline means.

(4) Notification Information: You may have the opportunity to sign up to receive additional email communications (e.g. newsletters), mobile device notifications or other communications from us in order for us to provide up-to-date information about the Platform and your preferences in connection with it, and to publicize and promote certain concerts, Content, products and services offered by us, our business partners and other third parties. When there is a separate signup for newsletters, we may ask for your contact information such as name, email address, and sometimes demographic information and profile information. We may ask you to confirm your consent to these uses at the time you sign up for these services or communications.

(5) Survey Information: If you participate in any survey or user testing, you will be asked to provide Information as part of your response, unless you respond or participate anonymously.

(6) Posted Information: You may provide Personal Information when you upload Content to the Platform, or when you post comments or contribute to community discussions.

Please note that access to certain Content, features and functionality of the Platform may be subject to Additional Terms, including, but not limited to, notices, requirements and settings, which may require that you provide certain Information about yourself in order to personalize and/or allow you to use these aspects of the Platform.

2.2 Information We Collect Automatically: There is certain Information we collect automatically as the result of your use of the Platform, or through the use of web analytics services. This Information includes, but is not limited to:

(a) the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform);

(b) the website you visited immediately prior to vising our Website;

(c) the specific actions that you take on the Platform, including the pages that you visit; streaming, downloading or uploading Content; connecting your Facebook, Bandsintown or other third party platform account; sharing Content within or outside the Platform; following or unfollowing another user; posting a comment; or performing a search;

(d) any search terms you may enter or Content you may access on the Website;

(e) the time, frequency and duration of your visits to the Platform;

(f) your browser type and operating system;

(g) the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device;

(h) Information collected through cookies (session and persistent), “embedded scripts” and other similar tracking technologies where small files are placed by your browser on your computer (collectively “Tracking Technologies”). Tracking Technologies enable us to, among other things, track your interaction with the Platform, and target your interests to enhance your Platform experience. We may associate the Information obtained through these Tracking Technologies and your unique device identifier, third party anonymous identifiers and other identifiers and data, with your Personal Information so we can better customize your experience using the Platform and provide tailored recommendations, advertisements, promotions and other content related to your specific interests, activities or profile (e.g. concert recommendations, etc.). You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting cookies from the websites you visit. If you choose to use our Platform without blocking or disabling these Tracking Technologies, you are indicating your consent to our use of these technologies and to our use (in accordance with this Privacy Policy) of any Information we collect using these technologies. It’s important to remember that aspects of our Platform may not function properly if your cookies are disabled or blocked;

(i) Information regarding your interaction with our email messages, for example, whether you opened, clicked on or forwarded the email message;

(j) a unique device identifier assigned to your device (“UDID”)

(k) third party platform anonymous identifiers;

(l) Information about your actual location, like GPS signals sent by a mobile deivce, in order to provide you with location-relevant Content and event information;

(m) other Information regarding your use of and interaction with the Platform to assist us in authenticating your usage and/or device, keeping track of your preferences, creating a more tailored user experience, and better serving your particular interests and needs.

By using the Platform, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of our Platform as described in this Privacy Policy.

3. INFORMATION WE COLLECT FROM THIRD PARTIES

3.1 Facebook: Magnifi™ allows you to sign up and log in using your Facebook account. If you sign up using Facebook, Facebook will ask your permission to share certain information from your Facebook account with Magnifi™. This includes information from your Facebook public profile such as your first name, last name, gender and whether you are over/under 21 years of age; your Facebook friend list; your email address registered with Facebook; your birthday; your current city; your personal description of yourself on Facebook; your list of “likes” on Facebook; and, if you allow it, access to posts in your Facebook news feed in order to replicate the Facebook client on our Platform. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy [insert link]. You can control the information that we received from Facebook using the privacy settings in your Facebook account.

If you sign up to Magnifi™ using Facebook, your Magnifi™ account will be connected automatically to your Facebook account. You may share on Facebook certain Information about your activity on Magnifi™, which can be published in your timeline and your Facebook-friends’ newsfeeds. If you signed up using Facebook by mistake, you can delete your account from your “My Account” page at any time, or you can email us at legal@magnifi.fm. We may provide functionality to enable you to allow us to automatically post to Facebook on your behalf in certain instances. You may opt out of this setting at any time.

3.2 Advertising Service Providers: Our Platform may also use Advertising Service Providers to, for example, serve advertisements on our Platform, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with our Platform. Such services may enable us to display advertisements based on your use of the Platform and other websites, services and platforms you have used or visited. Targeting services enable us to, among other things, help deliver advertisements or other content to you for products and services you may be interested in, to prevent you from seeing the same advertisements too many times and/or to conduct research regarding the usefulness of certain advertisements to you.

4. HOW WE USE YOUR INFORMATION

4.1 We use your Information for the following specific purposes:

(a) When you first join Magnifi™ as a registered user, your account may automatically follow certain Magnifi employee users, such that their avatars will appear in some sections of the Platform when you are logged in. This is to initially display the follower/followee functionality of the Service, and you can unfollow these users at any time.

(b) Your email address and password are used to identify you when you log into the Platform;

(c) We use your month and year of birth to enable age restriction and to perform analytics aimed at improving our products, services and technologies.

(d) Any Information you provide as part of your public profile, such as your real name and links to your website and other social media profiles (but not your email address), will be published on your profile page. This Information will be publicly accessible and may be viewed by anyone accessing the Platform. Please bear this in mind when considering whether to provide this Information about yourself.

(e) Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing and promotional messages, certain email notifications and other correspondence.

(f) If you are a Facebook user with a Magnifi™ account, and one of your Facebook friends registers for a Magnifi™ account, we will notify that friend that you are on Magnifi, and we will automatically connect that friend with you on Magnifi.

(g) If you are a Facebook user and sign up for Magnifi™ using Facebook, we may also use the Information we receive about you from Facebook to notify you of your Facebook friends with Magnifi accounts, and we will automatically connect you with those friends on Magnifi. You can unfollow any user at any time.

(h) If you are a Facebook user and sign up for Magnifi™ using Facebook, we may also use the Information we receive about you from Facebook to connect you with artists you “like” on Facebook who are also in Magnifi.

(i) If you have enabled location settings on your mobile device, we may use your location Information to display your distance from venues and festivals.

4.2 Your Information is also used for the following general purposes:

(a) To operate and maintain your Magnifi™ account, and to provide you with access to our Platform.

(b) To identify you as the provider of the Content you upload, the comments you post and/or other contributions you make to the Platform;

(c) To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate;

(d) To provide you with technical support;

(e) To assist in research, marketing and promotion; to provide Artists, Venue and Festival users with data regarding fan interaction with their Content and stations; and/or to provide anonymous reporting for internal and external clients, business partners, etc.

(f) To analyze the use of the Platform, and the people visiting the Website and using the Apps and Services, in order to improve Magnifi™;

(g) To respond to you about any comment, request or inquiry you submit;

(h) To customize your use of the Platform and/or the content of any email newsletter or other material that we may send or push to you from time to time;

(i) To save your user account, registration and profile data or other Personal Information, so you are not required to re-enter it each time you use the Platform;

(j) To track your return visits to and use of the Platform;

(k) To determine which features, functionality and services of the Platform our users like best to help us operate the Platform, enhance and improve the Platform and display advertising and marketing information;

(l) To prevent or take action against activities that are, or may be, in breach of our General Terms of Service [link], our Artist Terms of Service or applicable law, and to comply with legal obligations or legal process;

(m) For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your Information.

5. SHARING YOUR PERSONAL INFORMATION

5.1 We will not share your Information with any third party, except as described in this Privacy Policy. There may be circumstances in which your Information is shared or publicly available. These circumstances include:

(a) Your Public Profile: Any Information provided in your public profile will be accessible by other users of the Platform, who may view your profile information, listen to your favorite Artists and upcoming concerts, add themselves to your list of followers, and send you messages. Please note that any time you follow an artist, user or venue; favorite a track; and/or calendar an event; these actions will be listed on your public profile and accessible by other users of the Platform.

(b) With Your Consent: We will disclose your Information if you have explicitly agreed that we may do so. For example, you may have opportunities to provide your email address or other contact information via our Platform to artists, venues, festivals and other Magnifi™ partners in order to receive newsletters, information, and special offers and content. We will make this clear to you at the point at which we collect your Information.

(c) Service Providers: We use certain reputable third parties to provide us with specialized services related to the Platform. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their specialized services to us. Where we transfer any Information to these third parties, we require them to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of Information, and only to process Information in accordance with our instructions and to the extent necessary to provide their services to us.

(d) Via Our API: Magnifi™ has an open API, which enables application developers to integrate elements of our Platform into exciting new apps and services. Some of these developers may be located outside the United States. Any Information you choose to make public on the Platform, including your public profile information, may be accessible to these developers. Please bear this in mind when deciding what information to publish on your profile.

(e) Other Networks & Connected Apps: If you choose to connect your Magnifi™ account to other apps or social networks, you will be sharing certain information with these apps or networks. In the case of event calendaring, you may share the events you calendar on Magnifi to certain third party calendar applications, and your Magnifi events may then be visible to your followers and friends within those third party calendar applications. In the case of Facebook or Twitter, you may choose to share certain Magnifi activities and Content on these services, which may mean sharing your public information. Magnifi is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust.

(f) As Aggregated Data: We may aggregate your Information with similar information relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then share with third parties or make publicly available. However, none of this information would include any Personal Information or anything that could be used to identify you individually, either online or in real life.

(g) For Co-Branded Services & Features: We may offer co-branded services and features, such as events and promotions provided by us and/or third party partners, including Artists, Venues, Festivals and brands, and that may be hosted on the Platform and/or our co-branded partner’s platform, website or service. We may share your Personal Information with such co-branded partners and your voluntary use of or participation in a co-branded service or feature means that you hereby opt-in and give your affirmative consent to us and our co-branded partners to collect any information provided in connection with the specific co-branded feature or service and to use such information for the fulfillment of the feature or service and for marketing or administrative purposes in accordance with our respective privacy policies. The co-branded partner will be identified on the co-branded feature or service, along with the co-branded partner’s privacy policy. If you wish to opt-out of a co-branded partner’s future use of your Personal Information for marketing or other purposes, you will need to contact the co-branded partner directly. Please note that the use of such information by the co-branded partner is subject to the co-branded partner’s privacy policy.

(h) If Required By Law: We will disclose your Information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.

(i) To Protect Our Interests: We may disclose your Information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Platform and/or the Magnifi™ community. We may also disclose your Information to protect against fraud or for risk management purposes, or if we believe your actions violate the General Terms of Service , the Artist Terms of Service, this Privacy Policy or any Additional Terms.

(j) In The Context Of A Business Transfer: We may transfer your Information to any person or company that acquires all or substantially all of the assets or business of Magnifi™ or on a merger or transfer of all or substantially all of our business (or any similar transaction), or in the event of our insolvency.

6. OPTING OUT, USER CHOICE AND CONTROL

6.1 Basics: We do our best to give you as much choice and control as possible regarding the Information you provide us. You do not need to provide us with any Information to visit our Website or use our Apps, although certain Information will be collected automatically by virtue of your visit (as described above). When you launch, access, interact with, register for or otherwise use our Platform and provide us with your contact Information, (a) you are expressly choosing to receive certain communications from us, and (b) you are expressly agreeing to the privacy practices as described in this Privacy Policy.

6.2 Preferences: If you have a Magnifi™ account, you may change your privacy preferences (e.g., choose to stop receiving certain communications or ask us not to share your Personal Information with a particular third party) by sending an email to us at legal@magnifi.fm detailing your privacy request. Other privacy preferences (e.g., limiting location services or limiting communications) may be made by modifying your privacy, permission and/or account options on the Platform or on your device. If you ask us to stop using your Personal Information, we will absolutely honor that request while retaining a record of any Personal Information as necessary to comply with applicable federal, state or local law, and/or to conduct legitimate business activities. However, you may be unable to continue to use aspects of the Platform if you require us to stop using your Personal Information. You always have the right to review and correct the Personal Information you have provided us and generally you may update or delete certain Personal Information by contacting us. Please be aware that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Platform.

6.3 Marketing & Promotional Communications: If you have a Magnifi™ account, you may have the option to receive, or may automatically be entered to receive, certain marketing and promotional communications from us. You can unsubscribe from such communications by either following the specific instructions included in such communications or you may “opt out” of receiving marketing and promotional emails from us at any time by changing your privacy, permission and account options on the Platform or sending an email to us at legal@magnifi.fmm detailing your privacy request. Please note that “opt out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Further, also please note that in order to keep you informed about the operation of the Platform, we may always send you emails, notifications and announcements that are needed for the proper functioning and administration of the Platform, including, without limitation, for the purposes described in Section 4 above, in connection with your uses thereof. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for our own internal purposes and to help us and our service providers serve you better.

7. SECURITY

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. We require our third party contractors and service providers to follow similar standards of security and confidentiality. However, regardless of our efforts and the device you use to access the Platform, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission.

8. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a resident of the State of California, we will provide you with information on how to exercise your disclosure choice options, such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) with respect to use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to legal@magnifi.fm. All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via telephone, postal mail or fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

9. INTEGRATION AND INTERACTION WITH THIRD PARTY PLATFORMS AND SERVICES

The Platform may be linked to, rely on and/or be integrated with websites, applications, interfaces, services and platforms operated by third parties. The Platform may also feature advertisements from other third parties. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms, operated by third parties that are linked to, relied upon by and/or integrated with the Platform or for the privacy practices of third party advertising companies. Once you navigate to an advertisement, you should check the applicable privacy policy to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

10. PRIVACY POLICY CHANGES

From time to time we may modify this Privacy Policy to reflect industry initiatives, third party requirements or changes in the law, our Information collection, use and disclosure practices, the features and functionality of the Platform or technology, and such modifications shall be effective on posting. Your continued use of the Platform after we post a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If we materially change our practices regarding collection, use or disclosure of your Information, your Information will continue to be governed by the privacy policy under which it was collected unless you have been provided notice of, and have not objected to, the change.

11. ACCURACY

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information. We will reject and delete any entry that we believe in good faith is false, fraudulent or inconsistent with this Privacy Policy.

12. INTERNATIONAL USAGE

The Platform is controlled by us from our offices in the United States. If you access, interact with and/or otherwise use the Platform from a location outside the United States, please be advised that any of your Information that is provided or collected in connection with any such activity, may be processed in and/or transferred to the United States and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you access, interact with and/or otherwise use the Platform. However, we will only process your Information in accordance with this Privacy Policy. By using our Platform, you affirmatively consent to this transfer and to the use of your Information as described herein.

13. CHILDREN

Our Platform is not directed to children under the age of 13, and we do not knowingly collect Information from children under 13. If you are under the age of 13, you may not use our Platform, including, but not limited to, registering or providing any information about yourself to or in connection with the Platform, participating in any sweepstakes, contests, social networking features, posting, communications functionally or engaging in other activities that collect and/or permit you to enter information about yourself. If we learn we have collected Information from a child under 13, we will take steps to delete such Information from our files as soon as possible. If you are a parent or guardian and have any concerns about the Platform or wish to find out if your child has registered an account on the Platform in violation of our General Terms of Service [insert link], please contact us at legal@magnifi.fm.

14. QUESTIONS?

If you have any questions about this Privacy Policy, want to suggest changes to this Privacy Policy, or want to know what information we store about you, please contact us by email at legal@magnifi.fm or write to us at

Magnifi
Attn: Legal Department
5855 Beaudry Street
Emeryville, CA 94608 USA

15. SOLE STATEMENT

This document is the sole statement of the Privacy Policy for the Platform and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including without limitation, machine-generated, is valid.

This Privacy Policy was last modified on the date indicated above and is effective immediately.

Copyright © 2015 Magnifi