This version in effect since December 22, 2006
The Hip Digital music download service accessible through the website at www.hipdigital.com
(the “Website”) is operated by Hip Digital Media Inc. (“Hip Digital”). This Policy
explains how Hip Digital collects, uses and discloses the personal and non-personal
information you may provide w hile using the Website and the sound recordings and
other content available through the Website (collectively, the “Content”). In this
Policy, the “Service” means the Website, the Content, and all related systems and
1. Your Consent
By registering with or otherwise using the Service, you signify your consent to
the collection, use, and disclosure of your personal information in accordance with
this Policy. If you do not consent to the collection, use, and disclosure of your
personal information in accordance with this Policy, you may not use the Service.
2. Information Automatically Collected
Non-Personal Information: The Service automatically collects certain non-personal
information regarding Website users, such as the date and time they access the Service,
the Internet Protocol address and geographic location of the computer they use to
access the Service, the Website pages accessed, and Content accessed or downloaded.
This non-personal information is used for system administration purposes and to
improve the Service. Non-personal information may be disclosed to other persons
and permanently retained for future use. If the non-personal information is combined
with personal information, then the non-personal information will be treated as
Cookies: The Service uses “cookies”, a technology that installs a small amount of
information on a website user’s computer to permit the website to recognize future
visits using that computer. Cookies enhance the convenience and use of the Service.
For example, the information provided through cookies is used to recognize you as
a previous user of the Service (so you do not have to enter your personal information
every time), offer personalized Content and information for your use, and otherwise
facilitate your experience using the Service. You may choose to decline cookies
if your browser permits, but doing so may affect your ability to access or use certain
features of the Service.
3. Personal Information You Specifically Provide
Your Personal Information: During your use of the Service, you may be asked to voluntarily
provide personal information (such as your name, email and postal address, credit
card information, and age). If you choose not to provide certain requested personal
information, you will not be able to access or use certain features of the Service.
Use of Your Personal Information: Hip Digital uses your personal information for
the following purposes and as otherwise permitted by applicable law:
(a) to contact and correspond with you;
(b) to invoice, charge and collect payment from you in connection with certain aspects
of the Service;
(c) to perform security and related investigations; and (d) to otherwise facilitate
the provision of the Service.
Hip Digital may also develop a confidential profile for you, which will be used
to provide services to you and facilitate your use of the Service, and may keep
a record of all communications with you. Hip Digital may also use your personal
information to identify the Content you download from the Service by including in
the Content unique alpha-numeric codes (each a “Watermark”). Watermarks identify
the account used to download the Content and the user associated with that account,
and remain embedded in the Content even if the Content is converted to another format
or is otherwise modified. Hip Digital may use Watermarks to determine whether Content
downloaded through the Service has been used improperly.
Emails and Newsletters from Hip Digital and Labels: You may be asked to elect to
receive email or other communications containing information about HIP DIGITAL,
Hip Digital, the Service, and other matters Hip Digital believes will interest you.
At any time after electing to receive such emails or other communications, you may
ask Hip Digital to stop sending them to you by sending your request to Hip Digital’s
Privacy Officer at one of the addresses noted below. Also, each email Hip Digital
sends to you will tell you how to decline further unsolicited communications. From
time to time, Hip Digital may also send to you email containing important information
regarding the Service, which you may not opt out of receiving.
Disclosure of Your Personal Information: Hip Digital may disclose your personal
information in the following circumstances and as otherwise permitted by applicable
( a) Disclosure to Affiliates, Agents, Suppliers and Service Providers – Hip Digital
may provide your personal information to their affiliates, agents, suppliers and
service providers. Hip Digital requires its affiliates, agents, suppliers and service
providers to agree to use your personal information only for the purposes for which
it is provided to them, and to protect the privacy of your personal information
in a manner consistent with applicable law. If at any time you do not wish your
personal information to be disclosed to certain or any of these persons, please
send your request to Hip Digital’s Privacy Officer at one of the addresses noted
below; however, this may affect your ability to use the Service.
( b) Disclosure to Content Providers - Hip Digital may disclose your personal information
and information regarding your use of the Service to the owners and licensors of
the Content if Hip Digital reasonably believes that you have misused the Content
(including unauthorized file sharing of Content) or otherwise breached the Hip Digital
Music Website Use Agreement. Hip Digital will require the Content owners and licensors
to agree to use your personal information only for the purposes for which it is
provided to them, and to protect the privacy of your personal information in a manner
consistent with applicable law.
( c) Law Enforcement and Legal Disclosure - Hip Digital may disclose your personal
information to a government institution or agency that has asserted its lawful authority
to obtain the information or where Hip Digital has reasonable grounds to believe
the information could be useful in the investigation of unlawful activity, or to
comply with a subpoena or warrant or an order made by a court, person or body with
jurisdiction to compel the production of information, or to comply with court rules
regarding the production of records and information, or to its legal counsel. Hip
Digital has no control over, or liability for, those persons’ use and disclosure
of your personal information, and that use and disclosure is not subject to this
Depersonalized Information: Hip Digital may use personal information to create non-personal
information regarding the use of the Service. Hip Digital may then disclose that
non-personal information to other persons and permanently retain that non-personal
information for future use.
Contact Information: To the extent permitted by law, the provisions of this Policy
concerning “personal information” do not apply to information (such as your personal
name, position or title, business address, business telephone number, business fax
number and business email address) that enables you to be contacted at a place of
Location of Information: Although content delivered in connection with the Service
may reside on servers either in the United States or Canada, Hip Digital will store
and process your personal information in Vancouver and Toronto, Canada. However,
the disclosure of your information in accordance with this Policy and applicable
law may result in your personal information being transferred outside of Canada
or the United States. The laws of other countries regarding the collection, use,
and disclosure of personal information may be different from the laws of Canada
and the laws of the Unite States.
Securing Your Information: Hip Digital employs reasonable security safeguards appropriate
to the sensitivity of the personal information in its possession or under its control
in order to protect that information from unauthorized access, collection, use,
disclosure, modification or similar risks. Nevertheless, security risks cannot be
eliminated and Hip Digital cannot guarantee that your personal information will
not be used or disclosed in ways not otherwise described in this Policy.
Accessing Your Personal Information: You may request access to your personal information
and information about Hip Digital’s collection, use and disclosure of that information
by sending your request to Hip Digital’s Privacy Officer at one of the addresses
noted below. Subject to certain exceptions and limitations prescribed by applicable
law, you will be given reasonable access to your personal information, and will
be entitled to challenge the accuracy and completeness of the information and to
have it amended as appropriate. You can help Hip Digital maintain the accuracy of
your information by notifying Hip Digital of any changes to your personal information.
4. Other Matters
Other Websites: The Service may contain links to other websites or Internet resources.
When you click on one of those links you are contacting another website. Hip Digital
has no responsibility or liability for or control over those other websites or their
collection, use and disclosure of your personal information.
Policy Changes: To accommodate changes in the Service, changing technology, and
legal developments, this Policy may be changed from time to time in Hip Digital’s
discretion and without any prior notice or liability to you or any other person.
Hip Digital’s collection, use, and disclosure of your personal information will
be governed by the version of this Policy in effect at that time. New versions of
the Policy will be posted on the Website and are available upon request from Hip
Digital. Your continued dealings with Hip Digital or your use of the Service subsequent
to any changes to this Policy will signify your consent to the collection, use,
and disclosure of your personal information in accordance with the changed Policy.
Accordingly, when you use the Service you should check the date of this Policy and
review any changes since the last version. You should also bookmark this page and
periodically review this Policy to ensure that you are familiar with the most current
Former Users: If you stop using the Service or your permission to use the Service
is terminated, Hip Digital may continue to use and disclose your personal information
in accordance with this Policy as amended from time to time.