MusicGremlin takes your privacy very seriously, and goes to great lengths to safeguard it. This policy applies to any information we collect from you via the MusicGremlin Web site, the MusicGremlin Direct service, and the MusicGremlin player, so please read the following to learn more about the kinds of information we collect, and what we do with that information.

We may occasionally make revisions to this policy to serve you better. We’ll do our best to post the revisions before they take effect, so please review this policy frequently. If we make a material change, we’ll notify you here, by e-mail or by means of a conspicuous notice elsewhere on our Web-site or the MusicGremlin Direct service. The date of the current revision appears at the end of this policy.

What information we collect
We may ask for your personal information in order to help us provide you with better service. For example, we may ask for information about you when you buy or register your MusicGremlin player, when you register or subscribe to the MusicGremlin Direct service or buy music, when you download a software update, when you participate in an online survey, or when you communicate with our customer support personnel. In each of those cases, we may collect relevant personal information, such as your name, address, phone number, e-mail, and contact preferences; your credit card information; information about your MusicGremlin player, such as serial number and date of purchase; and information relating to a support or service issue. We sometimes also collect information such as your age and how you use your MusicGremlin player and MusicGremlin Direct service in order to gain a better understanding of our users and how to provide better service.

The MusicGremlin Direct service and the MusicGremlin player allow you to create a GremlinID based on your personal information. You also create a password. The system saves your information and stores your ID and password. We never share this information with any third parties without your express consent, and you should also be careful not to share this kind of information with people.

You may choose to make you GremlinID available to other MusicGremlin users. If you make your GremlinID available to other MusicGremlin users, or use a chat room or the messaging features on your MusicGremlin player or the MusicGremlin Web site, your GremlinID and any information you post or send on such forums can be read, collected, or used by other individuals to send you unsolicited messages. MusicGremlin is not responsible for the personally identifiable information you choose to submit in these forums, or for the contents of these messages. We may monitor such forums to check for such things as obscenity, defamation or other types of abusive language, and for content that may infringe intellectual property rights of MusicGremlin or others. We may remove inappropriate or illegal content at any time, and may report violations of intellectual property rights to rights owners. If you do not want to receive messages from other users, you should refrain from sending messages to users you don’t know, and from sharing your personal information or GremlinID.

The MusicGremlin Direct service and MusicGremlin player can also allow users to see (i) when other users are connected to the service, (ii) when other users are using their players within ad-hoc Wi-Fi range, (iii) what music other users are playing, and (iv) what music they have in their collections and on their players, among other things. If you don’t want other users to see this kind of information about you, you should set the privacy settings on your player and your MusicGremlin Direct account to disable sharing of this information.

Information that is collected automatically
MusicGremlin offers a number of features that automatically collect information about your use of your MusicGremlin player and the MusicGremlin Direct service.

In order to ensure that your MusicGremlin player is providing you with the best possible performance, from time to time we may send such things as data and software updates to your player. MusicGremlin also uses software to protect the copyrights associated with the music you listen to on your player and PC or download on the MusicGremlin Direct service. In order to make sure that rights owners are paid the copyright royalties to which they are entitled, this software identifies and counts the songs you download and/or play including, if you are a MusicGremlin Direct subscriber, music that you may have listened to offline on compatible portable player.

We may also keep track of where, when, and how long your MusicGremlin player or PC connects to the Internet using Wi-Fi. We use this information to help your player get the best wireless access possible at the largest possible number of locations.

In addition, as part of its feature-set, MusicGremlin enables you to view the content, settings and other items on your MusicGremlin-compatible devices via a PC, by logging in to your account via a Web browser, and to make changes to those items remotely.  Additional views to this information may be enabled, such that you or persons you permit (e.g., your "buddies" and others, depending on the privacy settings current on your account) may view this information from other devices (e.g., a browser-enabled cell phone).  To the extent this feature is enabled on your account, the device would automatically report relevant information to MusicGremlin. MusicGremlin will store this information securely on its servers, which is necessary to make it available and enable relevant features. MusicGremlin will also store changes to this information that you request be made – for example, by using the Web site via your PC to delete and add songs to your MusicGremlin portable device. Information referred to in this paragraph could include things like a listing of song and album titles, artist names, and other information stored on your device (including, if enabled, recordings), photos stored on your device, playlists, a listing of your "buddies," and device settings (e.g., privacy preferences, WiFi network preferences, WEP keys and public WiFi network passwords and user names).

We use cookies in conjunction with the MusicGremlin Web site and MusicGremlin Direct service for various purposes. With the MusicGremlin Direct service, we use what are commonly referred to as "session" cookies, meaning that they only exist as long as your on-line session lasts. These cookies are used to identify you as a valid user so that we can deliver music to you, to ensure that no one else can sign on simultaneously using your account from another location, and to help us personalize your experience based on your preferences. We may also use session cookies to facilitate promotional offers or surveys that we may provide. These cookies do not contain any personally identifying information, and we do not store data collected by them.

As part of the sign-in process for the MusicGremlin Direct service, we may also use what are commonly referred to as "persistent" cookies. These are cookies that stay on your PC after your on-line session ends. We use these cookies in order to enable you to save your member name and password so that the next time you sign in, these fields will already be filled-in for you. Such cookies will only be activated if you select that option during your sign-in. If you select that option you can always deselect it when time you sign-in again in the future.

We may use cookies and/or tracking software (such as “web beacons”) in promotional emails we send you, or in advertisements for MusicGremlin’s and MusicGremlin’s partners’ services or sites. These technologies help us to track such things as whether an e-mail recipient has completed a task such as signing up for a free trial. The information we get in these cases is related to non-personally identifying customer identification numbers and is only analyzed in the aggregate.

We sometimes use third-party service providers to help us track the activity on our services, Web sites, or players. These third parties may use temporary cookies and/or web beacon software to facilitate tracking. In such cases, the data would not be tracked in personally-identifiable form. Such data would be stored and analyzed in aggregate form for internal analysis by MusicGremlin to improve service to users.

Advertisers and other third parties whose products or services are promoted on our site may also use cookies. You should check their privacy policies for information about the information they collect and about their privacy practices generally.

To help us personalize your experience and to monitor and improve the performance of our Web sites, our services, and players, we collect other kinds of data such as data about your search criteria and results. We also collect information such as date, time, connection speed and IP address of all users. We keep this information for purposes such as our internal security audit log, aggregate trend analysis, and system administration.

When we disclose your information

We may share aggregate (i.e., not personally-identifying) information with others in a number of cases, such as usage data with respect to our Wi-Fi access partners’ facilities, and royalty reporting data related to purchases, transfers, downloads, and plays of music.

We may offer promotions, contests or sweepstakes to users, either alone or in partnership with MusicGremlin’s partners or sponsors. In such cases we will use the information you provide to conduct the promotions, contests or sweepstakes, and for other purposes to which you expressly consent. If we offer promotions, contests or sweepstakes with partners or sponsors, we may share the information we obtain from you with them, but only with your permission. In these cases we will notify you that we are sharing your personal information when we collect it, and you will be able to choose whether or not to participate in the promotion, contest or sweepstake in question.

If you consent to receive information from MusicGremlin’s partners during registration or otherwise, we may share your registration information with those partners. Our partners' use of such information, including targeted promotions, will be subject to our (and their) privacy policy. When we do share personal registration information with partners, such partners are not authorized to transfer that information to third parties or to use it for mass e-mails or spamming. We do not share your credit card information with our partners or with any other third parties without your express consent.

We may share information with trusted companies acting as our agents in providing services such as credit card processing, customer/support services, etc. to you. All of these companies will agree to use it only for the purpose for which their services are retained by MusicGremlin and to keep the information secure and confidential.

We may have to disclose user information when required to do so by law, e.g., in response to a court order, a subpoena, a law enforcement or regulatory agency's request, or in cases when disclosing this information is necessary to identify, contact or bring legal action against persons who may be causing injury to or interference with the rights or property or MusicGremlin or other rights holders.

Other than what is described in this privacy policy, we will not share any personally identifying information collected from you with third parties unless we specifically inform you otherwise and obtain your consent.

Protection of your private information
MusicGremlin goes to great effort to protect the security of your personal information, and to make sure it is not used for any unintended use. We employ secure SSL technology to protect the transmission of private information such as your credit card number. We store all your private information on a secure server, and use industry standard procedures designed to protect that information from loss, alteration, destruction, or unauthorized access, use or disclosure.

Links to third-party sites
You should be aware that we may display links to other sites on the MusicGremlin Web site or on the MusicGremlin Direct service. We are not responsible for those other sites, their privacy policies, or how they treat information they collect. We advise you to check the privacy policies of any third party to whom you provide information to find out how they use and protect that information.

Contact us
If you have any questions or concerns about MusicGremlin’s privacy policy, please e-mail us at privacy@musicgremlin.com, or write to MusicGremlin, 594 Broadway, Suite 207, New York, NY  10012, Attn: Privacy Officer.

Last revision: December 30, 2005