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Hip Digital Media Music Website Privacy Policy

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 services.

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 personal information.

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 law:

( 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 Policy.

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 business.

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 version.

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.