Policies

Privacy

TuneUp Privacy Policy

Introduction

This document sets forth the privacy policy (the "Privacy Policy") of TuneUp Media, Inc., a Delaware corporation and its affiliates ("TuneUp Media") for services provided directly and indirectly by TuneUp Media (the "Services"), TuneUp Media Software (together with all prior and subsequent versions, and all patches and updates thereto, the "Software") and the TuneUp Media Web site, www.tuneupmedia.com (including all subpages thereto, the "Site").

The Site, Services and Software (collectively, the "TuneUp Media Offerings") are not intended for use by anyone not able to enter into legally binding contracts. If you are not able to legally form binding contracts, you may not use the TuneUp Media Offerings or submit information about yourself. Without limiting the foregoing, the TuneUp Media Offerings are not intended for and may not be used by children under the age of 13, nor may they be used to solicit or collect any information from children under the age of 13. If you have objections to this Privacy Policy, you should not download, access, sign up for or use, as applicable, the TuneUp Media Offerings.

The applicable SysTrust or WebTrust Seal of assurance symbolizes that this site has been examined by an independent accountant. Further, the Seal represents the practitioner's report (see below) on management's assertion(s) that the entity's business being relied upon is in conformity with the applicable Trust Services Principle(s) and Criteria.

The Trust Services Principles and Criteria is an international set of principles and criteria for systems and electronic commerce developed and managed jointly by the American Institute of Certified Public Accountants and the Canadian Institute of Chartered Accountants. By demonstrating compliance with Trust Services criteria through an examination by an independent practitioner, entities earn the right to display the seal of assurance.

The Seal of assurance combines high standards for identified activities with the requirement for an independent verification/audit. Together they build trust and confidence among consumers and businesses conducting business over the Internet.

The entity has earned the right to display the Seal of assurance with respect to the Trust Service Principle(s) of:

Certification Authorities

The WebTrust Seal of assurance for Certification Authorities (CA) symbolizes to potential relying parties that a qualified practitioner has evaluated the CA's business practices and controls to determine whether they are in conformity with the AICPA/CICA WebTrust for Certification Authorities Principles and Criteria. An unqualified opinion from the practitioner indicates that such principles are being followed in conformity with the WebTrust for Certification Authorities Criteria. These principles and criteria reflect fundamental standards for the establishment and on-going operation of a Certification Authority organization or function.

TuneUp Media's Privacy Principles

Your Information (defined below) is your own.
You may add, delete, or modify Your Information at any time.
TuneUp Media will not update or modify Your Information without your permission.
Subject to your permission or agreement, TuneUp Media will not sell, exchange, or otherwise share Your Information with third parties, unless required by law or as provided hereby.
TuneUp Media does not send spam, maintain spam mailing lists, or support the activities of spammers.

Information Collection and Use

TuneUp Media Members-Your Information.

When you download the Software, sign up for the Services or otherwise become a registered member of TuneUp Media, you provide us with and consent to our processing, maintaining and storing your "Your Account Information," and "Music Library Information," in each case as described below (collectively, "Your Information").

a. Your Account Information: Your e-mail address is required by TuneUp Media in order to provide you with the Software and Services. In addition, TuneUp automatically uploads your uniquely identifiable ID (on a PC, this is the Microsoft Windows ID and the Windows user name and, on an Apple Mac, is the OS X ID and user name). TuneUp Media will also ask you to provide a private password and a security question and answer. You may also provide other information to TuneUp Media relating to various TuneUp Media Offerings, including profile information such as physical location, or passwords to third party offerings to enable TuneUp Media's extended functionality. All of such information will become part of Your Account Information.

b. Your Music Library Information: When you join TuneUp Media, your Music Library Information is uploaded to TuneUp Media servers. Music Library Information that may be uploaded may include, is not limited to, track names, artist names, album titles and genres in your collection, as well as play counts and ratings you may have made in iTunes. Your personally identifiable music library information will not be shared with anyone without your permission. We use Your Information to enable you to use the Software and Services. Specifically:

i. Your Account Information: This information is processed, maintained and stored on TuneUp Media's secure servers. All information included within Your Account Information will not be shared with any outside parties other than as necessary to enable synchronization of third party services with TuneUp Media Offerings pursuant to your account settings. If you forget your password, your password can be reset by following the Lost Password wizard in which a confirmation e-mail will be sent to the registered e-mail address you specify. You are responsible for maintaining the secrecy of your password and, since it allows access to Your Account Information, we recommend that you do not divulge your password to anyone.

ii. Your Music Library Information: A synchronized copy of your Music Library Information (not the library itself), is processed, maintained and stored on TuneUp Media's [secure] servers.

Additionally, we may use Your Information for the following enumerated and similar purposes:

For assessment of service levels:

To better understand on an aggregated basis how our products are used, gauge traffic patterns and determine what types of content and services are most popular with users of our products and services;
To verify access or other rights to services or software;
To provide you with information about TuneUp Media products, services, news and events through the Software, the Site or e-mail;
To allow you to purchase and download TuneUp Media and third-party partner products and services; and/or
To provide you with personalized content programming (including but not limited to concert notifications and music recommendations), instructions and services.

Also, for users ordering certain premium TuneUp Media Services, we may also collect credit card and billing information to complete the request. Unless you have agreed otherwise, TuneUp Media will not permanently store this information and the information is removed once the transaction has been completed.

Limited Data Sharing with Third Parties

TuneUp Media is committed to protecting your privacy. We will only share Your Information with third parties in accordance the terms set forth in this Privacy Policy and in order to provide you specific services. In addition, we use PayPal - https://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside -- as a credit card processing company to bill users for premium services. This business partner does not retain, share, or store any personally identifiable information except to provide this service and is bound by a strict confidentiality agreement which limits their use of such information. We may share aggregated and anonymous demographic information (i.e., Your Information that is not personally identifiable) with our business partners. For example, we may share such information as the total number of users of TuneUp Media service or the broad geographic frequency of use. We may also develop algorithms leveraging the information in the TuneUp Media database for such purposes as network analysis, reputation scoring, or spam and fraud prevention. However, no such information will be linked directly to Your Account Information or other personally identifiable information.

Although we will use commercially reasonable effort to preserve your privacy, we may need to disclose Your Information, including personally identifiable information, when required by law or if we determine that disclosure is necessary for national security, law enforcement or other issues public importance. We will use commercially reasonable efforts to notify you of such actions where reasonable and permitted by law.

Change of Ownership or Other Business Transition

In the event TuneUp Media goes through a business transition, such as a merger, acquisition or the sale of all or substantially all of its assets (a "Business Transition"), your membership in the TuneUp Media Offerings and the TuneUp Media servers containing Your Information will, in most instances, be part of the assets transferred. In such event, you will be notified via e-mail and/or through a notice on our Web site and any other appropriate methods prior to the Business Transition, and TuneUp Media's custody of Your Information will be transferred subject to all the terms and restrictions in this Privacy Policy.

Following a Business Transition, TuneUp Media or its successors ("We") may continue to use Your Information provided such use is in accordance with the Privacy Policy under which the information was collected. If, however, We plan to use Your Information in a manner different from that stated at the time of collection, We will notify you via e-mail and/or through a notice on our Web site and any other appropriate methods. You will have a choice as to whether or not We use Your Information in this different manner. Whether or not you wish to have Your Information used in this different manner, you will retain your rights to Your Information and the ability to delete Your Information at any time. Please note, if you have deleted or deactivated your account or are an opt-out user, then you will not be contacted, nor will Your Information be used in this different manner.

Cookies

In order to improve the Services and the Site, we use "cookies" when you are logged into the Site using your e-mail address and password. A cookie is a piece of data that is transferred to your browser by a Web server and can only be understood by the server that gave it to you. It functions as your computer's identification token and enables TuneUp Media to personalize your experience when you are signed in to the Site. The cookie also contains your e-mail address so that we can make it easier for you to sign in. If you reject the cookie, you may not be able to sign up for some of the Services or use certain features of the Site.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.)

While TuneUp Media uses cookies to enable you to use the Services and the Site, and our Web servers automatically log the Internet Protocol ("IP") address of your computer, TuneUp Media does not use this information to identify you personally except to provide you with the features of the Services.

Storage, Log Files and Backups

Your Information is processed, maintained and stored on servers that are physically located in the United States.

Like most Internet services, we use log files, both on the client and server side. The data held in log files includes your IP address, browser type, e-mail application, Internet service provider ("ISP"), referring/exit Web pages, computer platform type, date/time stamp, and user activity. TuneUp Media uses server log data to analyze trends, administer the Services and the Site, and improve service levels. IP addresses are not tied to any personally identifiable information.

The Software has associated log and temporary files that are stored on your local hard drive and on TuneUp Media's servers. These files store Your Account Information, your permissions, preference settings, system notifications as well as other data necessary to operate the TuneUp Media Offerings. Your Information resides locally in the e-mail application you designate to work with the Services and the Software, as well as on TuneUp Media's servers, unless you have chosen to disable the ability to view Your Music Library Information on the Site.

Your Information may also exist within regularly performed server backups which are processed, maintained and stored on tape and stored at TuneUp Media's offices located in the United States.

Member Communications

We may send all new users confirmation e-mails verifying the ownership of the e-mail addresses provided in Your Account Information. We also communicate with you to provide requested services and in regard to issues relating to your account.

Users may occasionally receive information on TuneUp Media products, services, news and events. Out of respect for your privacy, we present you with the option not to receive these communications. You may change your current setting by modifying your account preferences.

It may also become necessary to send out a service-related announcement which is not promotional in nature. This announcement may notify you of changes to the Privacy Policy, as well as planned service suspensions and outages. Generally, you may not opt-out of these communications, though you can deactivate your TuneUp Media account. These notifications will generally be sent to a validated e-mail address for your TuneUp Media account.

Links

The Site contains, and the Software may present, links to Web sites other than the Site. Please be aware that TuneUp Media is not responsible for the privacy practices of such other Web sites. We encourage you to be aware when you leave the Site or link to other sites, to read the privacy policies of each and every site that collects personally identifiable information. TuneUp Media's Privacy Policy applies solely to information collected in connection with the TuneUp Media Offerings.

The Site also contains links to TuneUp Media's Forums (http://support.tuneupmedia.com/forums) and TuneUp Media Help (http://www.tuneupmedia.com/help). These provide interactive venues for users and others to learn more about TuneUp Media, receive support from other users, and send us feedback. To use these venues, you may be required to provide user registration information (Login name, password, and email) in order to post to these sites. All other profile information is optional. Participants in these forums and blogs are solely responsible for all content that they post there. TuneUp Media retains the right, but not the obligation, to correct any errors or omissions in any such content, as it may determine in its sole discretion. TuneUp Media further reserve the right to delete or remove any content from the forums or blogs without prior notice or liability.

If you use a forum/bulletin board or chat room on the Site, 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, and this Privacy Policy does not apply to, any personally identifiable information you choose to submit in these forums and blogs.

Children's Privacy

TuneUp Media is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. TuneUp Media's Services, Software and Site are not intended for and may not be used by children under the age of 13. TuneUp Media does not knowingly collect information from children under the age of 13 and TuneUp Media does not target its Services, Software and Site to children under 13.

Government Authority

You should be aware that, as with all legal contracts, this Privacy Policy could be amended, terminated or modified without the consent of you and/or TuneUp Media by judicial proceeding, court order, in connection with bankruptcy or other insolvency proceedings, or pursuant to other government action. When reasonable and lawful, we will use commercially reasonable efforts to notify you if this occurs.

Security and Confidentiality

If you forget your password, you can request to have it sent to to your email address within the TuneUp software.
The Services use Secure Socket Layer ("SSL") for all client-server communication using Your Information.
Your Web-based access to Your Information is protected by an encrypted password. We recommend that you do not disclose your password to anyone.
Additionally, Your Information resides on a firewall-protected server that only selected TuneUp Media personnel have access to via password. TuneUp Media strives to prevent unauthorized parties from viewing Your Information, and has implemented an ISO 17799-based security policy.

Changes to the TuneUp Media Privacy Policy

If we change the Privacy Policy, we will post the new Privacy Policy on the Site with a link from the Site's homepage, so that you are always aware of what information we collect, how we use it, and under what circumstances-if any-we disclose it. Any substantive changes to the TuneUp Media Privacy Policy will generally be posted within a reasonable time prior to taking effect.

We will generally use Your Information in accordance with the Privacy Policy under which the information was collected. If, however, we plan to use Your Information in a manner different from that stated at the time of collection we will notify you via e-mail and/or through a notice on our Web site and any other appropriate methods and you will have a choice as to whether or not we use Your Information in this different manner.

Contacting Us

If you have any questions or suggestions regarding the Privacy Policy, please contact us at privacy@tuneupmedia.com

TuneUp Media, Inc. 2525 16th St. Suite 311 San Francisco, CA 94103