Topspin Media, Inc.
("Topspin") knows that you care about how your personal
information is used and shared, and we take your privacy
seriously. Please read the following to learn more about our
(currently topspinmedia.com and topspin.net) and websites or
domain name, features, content, widgets, or application
services offered from time to time by Topspin in connection
therewith (collectively, the "Website"), submitting
information, or using any of our services, you acknowledge
that you accept the practices and policies outlined in this
Topspin is a licensee of the
TRUSTe Privacy Program and the Children's Online Privacy
Seal Program. TRUSTe is an independent organization whose
mission is to build user's trust and confidence in the
Internet by promoting the use of fair information practices.
Because this Website wants to demonstrate its commitment to
your privacy, it has agreed to disclose its information
practices and have its privacy practices reviewed for
compliance by TRUSTe.
If you have questions or
concerns regarding this statement, you should first contact
Topspin's General Counsel at firstname.lastname@example.org. If you
do not receive acknowledgement of your inquiry or your
inquiry has not been satisfactorily addressed, you should
contact TRUSTe at
TRUSTe will then serve as a liaison with us to resolve your
Topspin complies with the
U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor
Framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of personal
information from European Union member countries and
Switzerland. Topspin has certified that it adheres to the
Safe Harbor Privacy Principles of notice, choice, onward
transfer, security, data integrity, access, and enforcement.
To learn more about the Safe Harbor program, and to view
Topspinís certification, please visit http://www.export.gov/safeharbor/.
The TRUSTe program covers
information that is collected through this Website, and does
not cover information that may be collected through any
software downloaded from this Website.
WHAT DOES THIS PRIVACY
Topspin's treatment of personally identifiable information
("Personal Information") that Topspin gathers when you are
accessing the Website and when you use Topspin services,
Topspin's treatment of certain non-personally identifiable
information about you and any Personal Information that
Topspin's business partners share with Topspin. This policy
does not apply to the practices of third parties that
Topspin does not own or control, or to individuals that
Topspin does not employ or manage.
WHAT PERSONAL INFORMATION
DOES TOPSPIN COLLECT?
The information we gather
from customers enables us to personalize and improve our
services and to allow our users to set up a user account and
profile that can be used to interact with other users
through the Website. In connection with the Website, we may
request and display some personal information to other users
and visitors of Website, which allows users to identify each
other. We collect the following types of information from
You Provide to Us:
We receive and store any
information you enter on our Website or provide to us in any
other way. The types of Personal Information collected
include, without limitation, your full name, email address,
IP address, browser information, password, contact
information, phone number, credit card or bank account
information, PayPal or other payment processor credentials,
transactional information based on your activities on the
Website, and media consumed on the Website 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. The Personal Information
you provide is used for purposes such as responding to your
requests for certain products and services, allowing you to
interact with other users, customizing the advertising and
content you see, and communicating with you about specials,
sales offers, and new features.
We receive and store
certain types of information whenever you interact with
our Website or services. Topspin automatically receives
and records information on our server logs from your
browser including your IP address,
cookie information, the page you requested, and the
media you have consumed (e.g., viewed, played,
downloaded, uploaded, and shared).
Generally, our service
automatically collects usage information, such as the
numbers and frequency of visitors to our Website and its
components, similar to TV ratings that indicate how many
people watched a particular show. This type of data
enables us to figure out how often customers use parts
of the Website or services so that we can make the
Website appealing to as many customers as possible, and
improve those services. As part of this use of
information, (i) we may provide information to the
content owners that relates to their fans (e.g.,
regarding which fans are consuming and sharing what
pieces of media at what levels), and (ii) we may provide
aggregate information to our partners about how our
customers, collectively, use our Website (e.g., we share
this type of statistical data so that our partners also
understand how often people use their services and our
Website, so that they, too, may provide you with an
optimal online experience).
Topspin provides a marketing
tool via the Website to allow artists and their
representatives to market and distribute their media
directly to users of the Website through e-mail,
phone/voicemail and other forms of communication. If you are
a fan of Topspin and want to subscribe to our newsletter,
you can do so by entering your email address on our Website.
We often receive a confirmation when you access a message
from Topspin. Topspin uses this confirmation to improve the
effectiveness of the marketing. If you do not want to
receive communications from us or the artists who use
Topspin's platform, please click the unsubscribe link
contained at the bottom of any email sent using Topspin's
service. Note however that you cannot unsubscribe from some
administrative emails, such as order or shipment
What about children's
Some of our artist's sites
may be reasonably attractive to children. We do not intend
to collect personal information from children under the age
of 13, and if we find out we have collected this
information, we will dispose of it immediately.
Additionally, when our artists are aware that their music
and other content may be reasonably attractive to children,
we provide them with tools to ask for a user's date of birth
and prevent the collection of personal information from
children under 13.
What About Widgets?
Our Website and data
collection devices include "Widgets," which are interactive
mini-programs that run on our artists' sites to provide
specific services from the artist (e.g. trading an email for
a free song, purchasing an album, playing music, etc.).
Personal information, such as your email address, may be
collected through the Widget, which will subscribe you to an
artist's newsletter in exchange for a free song. Cookies may
also be set by the Widget to enable it to function properly.
Topspin Widgets collect the same personal information that
may be collected by the Website, as described above. Topspin
is the data processor of the personal information collected
through these Widgets when the Widgets are on an artist's
site. However, because the artists are actually the
controllers of this data, you should also refer to their
artists only for the purpose it is intended for.
Some of our Widgets have an
"Email a friend" feature. If you choose to use our referral
service to tell a friend about an artist, we will ask you
for your friend's email address. The Widget will
automatically send your friend a one-time email inviting him
or her to visit the site. We store this information for the
sole purpose of sending this one-time email and tracking the
success of our referral program.
Our Widgets also have a
"share" feature. If you choose to use our share service to
repost a Widget on another website, the third party website
will request your login credentials (such as on Facebook).
The Widget will then automatically post the Widget on that
website, which is governed by the third party website's
What About Forums?
If you use a bulletin board,
blog, or chat room on this Website, you should be aware that
any personally identifiable information you submit there can
be read, collected, or used by other users of these forums,
and could be used to send you unsolicited messages. We are
not responsible for the personally identifiable information
you choose to submit in these forums.
What About Cookies?
Cookies are alphanumeric
identifiers that we transfer to your computer's hard drive
to enable our systems to recognize your browser and tell us
how and when pages in our Website are visited and by how
Most browsers have an option
for turning off the cookie feature, which will prevent your
browser from accepting new cookies, as well as (depending on
the sophistication of your browser software) allowing you to
decide on acceptance of each new cookie in a variety of
ways. We strongly recommend that you leave the cookies
advantage of some of our Website's most attractive features.
Notwithstanding anything else
herein, we may partner with third party advertisers who may
(themselves or through their partners) place or recognize a
unique cookie on your browser. These cookies enable more
customized ads, content or services to be provided to you.
To trigger these cookies, we may pass an encrypted or hashed
(non-human readable) identifier corresponding to your email
address to a Web advertising partner, who may place a cookie
on your computer. No personally identifiable information is
on, or is connected to, these cookies. To opt-out of these
cookies, please go to http://www.privacychoice.org/choose.
WILL TOPSPIN SHARE ANY OF
THE PERSONAL INFORMATION IT RECEIVES?
Personal Information about
our customers is an integral part of our business. We
neither rent nor sell your Personal Information to other
people or nonaffiliated companies. We may share your
Personal Information when we have your permission, and we
may share your Personal Information under the following
Affiliated Businesses We
Do Not Control: We are affiliated with a variety of
businesses and work closely with them. In certain
situations, these businesses sell items to you through
the Website, for example, the bands, musicians and other
artists from which you purchase or use products or
services through the Website. In other situations,
Topspin provides services, or sells products jointly
with affiliated businesses. Usually, you will be able to
easily recognize when an affiliated business is
associated with your transaction. We will share Personal
Information with that affiliated business.
Agents: We employ other
companies and people to perform tasks on our behalf
relating to the services we provide. Examples of such
information include, without limitation, fulfilling
orders, delivering packages, sending postal mail and
email, analyzing and gathering data, processing credit
card information and providing customer service. By
using our services, you consent to our sharing of
Personal Information for the above purposes. Use by such
service providers of personal information is governed by
their privacy policies.
User Profiles: User
profile information including users' name, email
address, contact information, and other information you
provide ("User Submissions") may be displayed to artists
to facilitate direct communication with artists and
users. Topspin artists and their colleagues can see this
third party personal information when they use their
portal. User profiles may be created by combining your
information with other sources of information such as
information obtained from public databases. Email
addresses are used to add new User Submissions to user
profiles and to communicate through User Submissions. Do
not disclose your password to anyone. If you share your
password or your Personal Information with others,
remember that you are responsible for all actions taken
in the name of your account. If you lose control of your
password, you may lose substantial control over your
Personal Information and may be subject to legally
binding actions taken on your behalf. Therefore, if your
password has been compromised for any reason, you should
immediately notify Topspin and change your password.
We may share aggregated information that includes your
Personal Information, non-personally identifying
information and log data with third parties for industry
analysis, demographic profiling, and to deliver targeted
advertising about other products and services. See "What
Choices Do I Have?" below for opt-out information.
Business Transfers: If
Topspin, or substantially all of its business or assets,
was acquired, or in the unlikely event that Topspin goes
out of business or enters bankruptcy, customer
information would be one of the assets that is
transferred or acquired by the successor or acquirer (or
a third party through bankruptcy). You acknowledge that
such transfers may occur in any of these circumstances,
and that any acquirer or successor of Topspin may
continue to use your Personal Information as set forth
in this policy.
Protection of Topspin
and Others: We may release Personal Information when we
believe in good faith that release is necessary to
comply with the law; enforce or apply our conditions of
use and other agreements; or protect the rights,
property, or safety of Topspin, our employees, our
users, or others. This includes exchanging information
with other companies and organizations for fraud
protection and credit risk reduction.
With Your Consent:
Except as set forth herein, you will be notified when
your Personal Information may be shared with third
parties, and will be able to prevent the sharing of this
IS PERSONAL INFORMATION
ABOUT ME SECURE?
Your Topspin account Personal
Information may be protected by a password for your privacy
and security. You need to prevent unauthorized access to
your account and Personal 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.
We follow generally accepted
industry standards to protect the personally identifiable
information submitted to us, both during transmission and
once we receive it. No method of transmission over the
Internet, or method of electronic storage, is 100% secure,
however. Therefore, while we strive to use commercially
acceptable means to protect your personal information, we
cannot guarantee its absolute security.
The security of your personal
information is important to us. If you enter sensitive
information (such as credit card number and/or social
security number, national ID, personal health information)
on our registration or order forms, we encrypt that
information using secure socket layer technology (SSL). This
security also applies to sensitive information collected on
The Website contains links to
other sites, including the sites of the bands, musicians and
other artists from which you purchase or use products or
services through the Website. Topspin is not responsible for
the privacy policies and/or practices on other sites
(including the bands, musicians and other artists from which
you purchase or use products or services through the
Website). When linking to another site you should read the
governs information collected on the Website.
WHAT PERSONAL INFORMATION
CAN I ACCESS?
Topspin allows you to access
the following information about you for the purpose of
viewing, and in certain situations, updating that
information by sending us an email. This list will change as
our Website changes.
WHAT CHOICES DO I HAVE?
As stated previously,
you can always opt not to disclose information, even
though it may be needed to take advantage of certain
You are able to add or
update certain information on pages, such as those
listed in the "What Personal Information Can I Access"
section above. We will respond to your email request
within 30 business days. When you update information,
however, we may maintain a copy of the unrevised
information in our records.
If you do not wish to
receive promotional email from Topspin or artists who
use the Topspin service, please click the unsubscribe
link at the bottom of any email you receive from us.
Please note that if you do not want to receive legal
legal notices will still govern your use of the Website,
and you are responsible for reviewing such legal notices
for changes. As stated above, you
cannot opt-out of some administrative emails, such as
For more information on
advertising and opt-out cookies, visit
CHANGES TO THIS PRIVACY
Topspin may amend this
the time such information is used. If we make material
changes in the way we use Personal Information, we will
notify you by posting an announcement on the homepage of our
Website or sending you an email. Users are bound by any
after such changes have been first posted.