Privacy Policy
WWW.EMURG.COM
PRIVACY POLICY
(EFFECTIVE AS OF NOVEMBER 13, 2009)
This is the privacy policy (“Privacy Policy”), effective as of November 13, 2009, for www.Emurg.com. (“Emurg”, “Emurg’s”, “we”, “us” or “our”). This Privacy Policy sets forth our policies regarding the collection, use and disclosure of certain information relating to your use of Emurg Services, which include reviews, streaming music services, band management system, electronic press kit, and advertising services, including but not limited to delivery via our Web site [http://www.Emurg.com] (the “Site”), a mobile device, or otherwise.
We recognize the importance of protecting your privacy and our Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us, and to assist you in making informed decisions when using Emurg services. As we update and diversify our services, this Privacy Policy may change. Changes to this privacy policy will be displayed on this page. Please check this page for updates periodically. You must read and understand this privacy policy before using Emurg Services.
If you have questions or concerns regarding this Privacy Policy or wish to exclude your personal information from our direct marketing, please feel free to contact us at privacy@emurg.com or by writing to us at Attn: Privacy Policy, www.Emurg.com, 5709 S Cain Ave Sioux Falls, SD 57106.
The types of information we collect
We have several areas where you can submit information to us, and we also have features that automatically collect information from the users of the Emurg Services and visitors to our Site. You will not be notified of automatic data collection while using the Site other than on this page.
Information voluntarily provided by you
Registration: You must register with us to use our Pay Services (any Emurg Service that requires payment by any method). We may also offer options for you to sign up for our newsletters without having to subscribe to the Pay Services. During registration to the Emurg Services, you must provide your email address and a password to us. It is your responsibility to keep your password strictly confidential. Emurg does not have access to your password should you lose it. In order to subscribe to Emurg Pay Services, you must provide your name and a valid credit card number, along with your credit card’s security code and expiration date as well as the zip code to which your credit card statement is sent to you.
Communications from Emurg and our newsletters: In order to keep our registered users and subscribers informed about the Emurg Services we may send messages to your personal email address, or to a mobile service that was given to us at sign up. If you elected to opt in to our email list, we may also send newsletters or promotional emails to you. In the event we send you a promotional e-mail, each such email will include instructions detailing how you may unsubscribe from our mailing list.
Contacting Us: You are always free to contact us with a question or problem related to your use of Emurg Services. We may, but do not commit to retaining any communications from our Emurg Services users, subscribers and Site visitors to help us to serve each of you better.
Emailing your friends through our Site: In the future, Emurg Pay Services will allow you to send messages to other Emurg Pay Services users. In order for us to provide this feature, we will keep copies of your emailed messages. We may decide, but are not obligated, to monitor your email messages through computer software or human personnel to check for obscenity, defamation or other types of abusive language, as well as for content that may infringe our rights or the rights of others, all of which we may remove at any time in our sole discretion. Ordinarily, we will not otherwise access your emailed messages except in unusual cases, including but not limited to times when we receive specific complaints related to a particular emailed message or are compelled to do so by law. For administrative purposes we intend to keep an email log that includes a record of which registered users and subscribers sent email messages and to which email addresses they were sent.
Personal Pages: Registered users or subscribers may have the opportunity to post favorite songs, bands, band profiles or other information on personal or electronic press kit pages. These personal pages may be made available to other registered users and subscribers as part of Emurg Services. The information you post to such personal pages, therefore, may be viewed by visitors to such pages. Your personal page will be identified to others by an available URL (uniform resource locator) of your choice. Thus, to the extent your chosen URL includes personal information (such as your full name), this information may be displayed to other registered users and subscribers. In addition, to the extent that you post other personal information on your personal page, this information may also be viewed by other registered users and subscribers.
Third-party information provided to us
Partners: We may receive information about you from third parties. For example, we may in the future have contractual relationships with other Web sites, retailers, original equipment manufacturers, software suppliers and product or service providers through which we provide access to registration for the Emurg Services among others (collectively, our “Partners”). Depending on the particular promotion, a Partner may provide us with a user/member name that you already use in connection with that Partner’s products or services or that you or it have otherwise pre-selected as part of the promotion.
Links: When using our Emurg Services, you may click through certain links or promotions that will enable you to purchase products or use services provided by our Partners. Some of these Partners may share certain information that you provide to them with us. By clicking on and through to a link or promotion via the Emurg Services, you agree to allow us to receive and use any information (except for credit card information) that you may provide to our Partners, under the same terms and conditions as if you provided your information directly to us. We are not, however, responsible for any other Web sites or services, or their respective privacy policies or how they treat information about their members. We strongly advise you to check their privacy policies to find out how they are treating your personal information.
Third Party Usage: You may also separately share your information with other Web sites or entities, such as those that create professional marketing lists, to receive special offers and promotions from their affiliates. These Web sites or entities may agree to share your information with us. Whether or not any third party actually shares your information with us and to what extent they do share your information with us will depend on their agreement with us and their respective privacy policies. Emurg is not responsible for, and will assume no liability, if a Partner or other Web site or entity collects, uses or shares, any information about you in violation of its own privacy policy, or applicable law.
Marketing Data: We may purchase marketing data from third parties and add it to our existing user database to better target our advertising and to provide pertinent offers in which we think you would be interested. We may also associate this marketing data to the personally identifiable information they have provided to us.
Automatic Data Collection
Cookies: We use what are commonly called “cookies,” a small data string our server writes to your hard drive, which allow Emurg to identify you as a valid registered user or subscriber so that we can deliver Services to you, to ensure that no one else can sign on simultaneously with your account from another computer or device and to help us serve you better based on your registration preferences (such as your preferences with regard to what genre you would like to appear on your home page). We may also use cookies to collect non-personally identifiable information regarding your visits to help us facilitate any promotions or surveys that we provide as well as the delivery of advertising to users of the free version of the Emurg Services. In addition, we may also use cookies in connection with a sign-in feature that allows you to save your email address and password each subsequent time you sign in.
Advertiser Cookies: We may also use a third party advertising company to deliver ads to you when you use the Emurg Services. In the course of providing this service, our third-party advertising company may place or recognize a unique cookie on your browser which collects non-personally identifiable information about your visits to Emurg, such as the number of times you have viewed an ad (but not your name, address, e-mail address, telephone number or other personal information). If you would like more information about this practice and to know your choices about not having this information used by our third party advertisers, please contact the specific advertising company.
Performance tracking: We sometimes use cookies, as well as tracking technology, such as web beacons, within the promotional emails that we send to our registered users and subscribers. These performance tracking devices help us to track whether an e-mail recipient has completed an event, such as signing up for a giveaway contest for example. Such information is non-personally identifying and collected on an aggregate level. We may utilize third-party service providers to help us track the activity within our Emurg Services. These third parties may use temporary cookies and/or web beaconing technology to facilitate such tracking, but the data would not be tracked in a personally identifiable way. Third parties whose products or services are accessible or advertised via the Emurg Services may also use cookies, and we advise you to check their privacy policies for information about their cookies and other privacy practices.
Other types of information collected: In order to better improve the Emurg Services, we may capture other data such as a registered user’s or subscriber’s search criteria and results, date, time, connection speed and the IP address of each registered Emurg Services user, subscriber and Site visitor. We may keep this information for our internal security audit log, aggregate trend analysis, and system administration.
When and with whom we may share your information with
Other than as set forth in this Privacy Policy, we do not share your personal information with other companies. While we may use personal information (such as age, gender or personal usage data) to display advertising to registered users of the ad-supported portions of the Emurg Services, we do not share personal information with our advertisers.
Partners: If you access the Emurg Services through a Partner, we may share your registration information (such as your email address, year of birth, zip code and gender) with our Partner that you registered with for the Emurg Services.
Vendors: We will share your personal information with companies acting as our agents in providing our service (e.g., credit card processing, customer/support services) to you, all of whom agree to use it only for such specified purposes. Each vendor must also agree to keep your personal information reasonably secure and confidential in accordance with applicable laws.
Legally affiliated entities: In the event that Emurg is merged with another entity, or in the event of a transfer of our assets, Site or operations, Emurg may disclose or transfer your personal information in connection with such transaction. In the event of such a transfer, Emurg will post a prominent notice via the Emurg Services or Site for 30 days before any such change in ownership of Emurg which results in a change of control of your personal information.
Legally compelled disclosure: We will also disclose your personal information when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (whether intentionally or unintentionally) our rights or property.
Bankruptcy: You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your personal information to be shared or transferred to third parties without your permission.
Security
Emurg 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 personal information such as your credit card number. We store your personal information on a secure server, and use procedures designed to protect the personal information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction.
Although we will take (and require our third-party providers to take) commercially reasonable security precautions regarding your personal information collected from and stored by the Emurg Services, due to the open nature of the Internet, we cannot guarantee that any of your personal information stored on our servers, or transmitted to or from a user, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Emurg Services, you acknowledge that you understand and agree to assume these risks.
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send any personal information to us by email. However, doing so is allowed, but at your own risk. We follow commercially reasonable security precautions to protect the personal information submitted to us, both during the transmission and once we receive it.
Compromise of personal information
In the event that personal information is known to be compromised as a result of a breach of security, Emurg will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, or as otherwise required by applicable law.
Opt-out right:
If you have elected to receive newsletters or promotional or marketing correspondence from us previously and later decide that you no longer wish to receive such correspondence from us in the future, you may opt-out using the unsubscribe instructions on such a correspondence.
Your election not to receive newsletters, mobile text messages, or promotional and marketing correspondence from us will not: (a) preclude us from corresponding with you, by email or otherwise, regarding your existing or past relationship with us, and (b) preclude us, including our employees, contractors, agents and other representatives, from accessing and viewing your personal information in the course of maintaining and improving the Emurg Services.
Notification procedures
It is Emurg’s policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to users via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on our Site, as determined by Emurg in its sole discretion. Emurg reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Privacy Policy.
Changes to this Privacy Policy:
If you do not agree to this Privacy Policy, please do not use Emurg Services. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time, so visitors are encouraged to review this Privacy Policy from time to time.
