PRIVACY POLICY
We are Shazam Entertainment Limited, a company registered in
England under number 3998831 and we want to bring you the best media engagement
service available. To do this, we (and some of our advertising partners) ask
for data about you and also create data about your use of Shazam. This policy
tells you what we do with that data. If you want to jump to a particular
section of the policy – click on one of the links below:
If you have any questions or suggestions regarding our privacy
policy, please contact us via email atprivacy@shazamteam.com or via postal mail to: Privacy Team, Shazam Entertainment
Limited, 26-28 Hammersmith Grove, London W6 7HA United Kingdom.
1. What data do we collect
and how?
We
will sometimes ask you for personal data (such as your name, telephone number
and date of birth) when you create a Shazam registration or when you click to
participate in certain activities (e.g. to take advantage of offers). We also
automatically receive and track certain data about your mobile device (such as
your device-type and language preference) and we may create a unique device ID
for you so we can recognize you . In some cases we can automatically detect
your location data, but we won't use this unless you give us permission to do
so. If you connect with Facebook or another social network via the Shazam app,
we may also receive some data from that network (e.g. your Facebook ID, name,
profile picture, gender, age, locale and email address).
2. How do we use your
personal data?
We
may use your personal data for the following purposes:
i.
to provide you with services including "Shazam Friends"
and the display of customized content, and targeted advertising both on our
apps/websites and on other apps/websites that we advertise through,
ii.
to communicate with the Shazam products and services and customer
service issues,
iii.
to determine when you link from our app to one of our partner
apps, so that we can monitor the level of traffic that we generate for our
partner apps,
iv.
to ensure the technical functioning of our products and services,
v.
to protect Shazam’s copyright,
vi.
to enforce our Terms and Conditions of Use,
vii.
to comply with laws, requests from a government bodies or courts,
or to respond to litigation, and
viii.
to enable us to use a third party to perform surveys measuring
your experiences and use of our services.
We
may also encrypt and/or aggregate your data with other users' data in order to
create statistics about the general use of the Shazam apps and websites, which
helps us to develop new products and services. We may also share this
aggregated data with our business partners and third party advertisers.
3. Sharing data with third
parties – key facts and how to opt-out
Third
parties (such as companies who advertise through our apps) may require you to
provide your personal data in order to access their products, adverts and
offers. If you visit or register for a third party product, advert or offer, we
may pass some data about your device to that third party (e.g. your tag history
and country of registration) so that they can send you offers. However, we
won't pass your email address or other contact details to these sorts of third
parties without your permission. We may also offer you the opportunity to
participate in reward programmes, where you can collect points for using our
app. These reward programmes are administered by a third party and you will
have to link to the third party's app in order to view and redeem your points.
Any data that you supply to this third party and your activity in reviewing and
redeeming points will be governed by the third party's own terms and privacy
policy.
Any
third parties’ use of your personal data is governed by their own privacy
policy (which should be accessible from their website or application). If you
do not want third parties to be able to access or use your personal data, you
should not register for, click on or use the applicable third party application
or product.
Sharing with social
networks
If
you connect your Shazam account to Facebook or Google+ and thus activate
“Shazam Friends,” your name and your profile picture will be shared with other
Shazam users. Further, your Facebook friends may be able to use the Shazam apps
to search for or view your Shazam profile and the data contained therein, such
as your tags and other activity including date/time. Go to the
"preferences" screen to see your options to adjust the access levels
to the data in your Shazam profile but, again, if you don't want a social
network to get any access to your data, do not connect to that network via
Shazam.
Sharing with other third
parties
See
the section below titled “Current Third Party Partners” to find out which third
party partners Shazam currently has relationships with. This section will tell
you what these third parties do and what data they use.
4. Links to other websites
We
may display links to third party websites. Please note that we cannot control
and cannot be held responsible for the activities of such websites. You should
always read the privacy policy of a website to find out more about how personal
data is collected and processed.
5. Use of Cookies
Like
most web sites and mobile applications, we use cookies to track site usage, to
send you adverts and to customise your experience of Shazam. A cookie is a tiny
text or graphics file that resides on your computer, mobile phone, or other
device, and allows us and/or our business partners to recognise you as a user.
For more detail on how businesses use cookies on websites, please see www.allaboutcookies.org. You can find an overview of the various types of cookies used
by Shazam and/or our business partners, in the table below.
Cookie Type
|
Purpose
|
Essential Operational
|
These cookies are necessary to allow us to
operate the Shazam websites and apps as you have requested. These cookies,
for example, let us recognize what type of subscriber you are and then
provide you with the services to which you are entitled.
|
Performance
|
These cookies are used by us or our business
partners to analyse how the Shazam websites and apps are used and how they
are performing. These cookies do not let us identify users (as all user data
is aggregated). They are also used to monitor when you link from our app to
one of our partner apps so that we can check what levels of traffic we are
generating for our partner apps.
|
Functional
|
These cookies let us operate certain
functions of the Shazam websites and apps in line with the choices you make.
These cookies mean that we can "remember" you in-between visits –
e.g. we will recognize your user name and remind you how you customised our
services and what music you enjoyed on your last visit.
|
Targeting/advertising
|
These cookies are used by us and our
business partners to send you adverts when using the Shazam websites and apps
and to target those adverts to you and your interests. In doing this our
business partners may use the profiles they have developed of other apps and
websites that you have previously visited. These cookies may also help us and
our business partners regulate the adverts you receive and measure its
effectiveness. If we let our business partners place the cookies for
advertising we do not give your name, email address or phone number to those
business partners.
|
More
information is available on the development of user-profiles, the targeting of
advertising and how to stop the use of "targeting" cookies. Please
see www.youronlinechoices.eu if
you are located in Europe or http://www.aboutads.info/choices/ if in the United
States. Please note if you delete our cookies or disable future cookies you may
not be able to fully use the Shazam websites or apps. If you want to delete any
cookies on your computer, please refer to the instructions for your file
management software to locate the file or directory that stores cookies. Your
mobile operating system should also give you the option to manage your cookies
and advertising preferences (this may be found in the "settings"
function on your device).
Our
website does not currently support Do Not Track.
6. Sorry kids, over 13s only
We
take our responsibilities to the online community very seriously. As such, if
you are under the age of 13 we have to ask you not to use our apps or websites
in any way. We don't knowingly collect data from anyone under the age of 13 and
we do not direct any of our products or services at this age group. If we
become aware that we have inadvertently captured any personal data about a
person who is under 13 years of age, then we will take the appropriate steps to
shut down the account of that person.
7. How to access and correct
your data (and a special note to Californian residents)
You
can update your personal data through the Shazam apps and you can ask us about
what data we are holding by sending us an email. We will do our best to respond
to your request (upon verification of your identity) within a reasonable period
of time. California Civil Code Section 1798.83 also permits users who are California
residents to request and obtain from us once a year, free of charge, a list of
the third parties to whom we disclosed their personal data (if any) for direct
marketing purposes in the preceding calendar year and the categories of data
disclosed to those third parties. To make any sort of access request, please
email or write to us using the details above.
8. Changes to this Shazam
Privacy Policy
Shazam
reserves the right to make changes to this Shazam Privacy Policy, and will post
any revisions on this page.
9. English version prevails
In
the event that this Shazam Privacy Policy is translated into other languages
and there is a discrepancy between the two language versions, the English
language version shall prevail to the extent that such discrepancy is the
result of an error in translation. This policy is governed by the laws of
England and Wales.
10.Current third party
partners
Microsoft Operating Systems
If
you are using a Shazam app on a Microsoft operating system, then as part of its
relationship with Microsoft, Shazam will provide some of your data to Microsoft
(e.g. your geographic location and an anonymous number that identifies your
device) for its use in interest based advertising. To learn more about
Microsoft’s internet based advertising, including how to opt out, please
visit https://choice.live.com/AdvertisementChoice/.
Jumptap
One
of our advertising partners is Jumptap. Jumptap operates a network of many
different apps and websites and allows its partners to share certain encrypted
data in order to create better targeted advertising. For example, if Shazam
hasn't registered any activity on your mobile device for a while, Jumptap may
be able to send an advertising message to your device via a third party's app
in order to ask you to give us another chance.
You
can opt-out of Jumptap's targeted advertising. To do so please click the opt-out
link below from your mobile device. This should set a Jumptap opt-out cookie on
your mobile browser. If you delete this cookie from your mobile browser you
will need to opt out again in order to reinstate your opt-out status. If you
are using an app, the opt-out will allow you to add your device ID to an
opt-out list. Opting out will not stop advertising, but will cause
advertisements from Jumptap to be served without reference to data about your
activity.
https://opt.jumptap.com/optout/opt/pages/jsp/privacyPolicyOverview.jsp
https://opt.jumptap.com/optout/opt/pages/jsp/privacyPolicyOverview.jsp
ADDITIONAL TERMS THAT ARE APPLICABLE TO USERS OF SHAZAM
AS OFFERED BY SPECIFIC PARTNERS AND ARE AN INTEGRAL PART OF THE ABOVE LICENSE
Microsoft
In the event that you have acquired the Application via the
Microsoft Corporation ("Microsoft") application store, Windows Market
Place,
· you acknowledge and agree
that we, and not Microsoft, are responsible for any breach or failure to
deliver under these Terms, or for addressing and enforcing any claims you or
any third party may have in relation to the Application and/ or the Services;
and
· you acknowledge and agree
that neither Microsoft, nor your Network operator or Device manufacturer has
any obligation whatsoever to furnish any maintenance and support services with
respect to the Application and/ or the Services.
Additionally, notwithstanding any provision to the contrary
included in these Terms, when you acquire Shazam via Windows Market Place you
will be able to install the Application on up to five (5) devices that are
associated with your Windows Live ID.
Blackberry
In the event that you are using a Device or Third Party
Application provided by Blackberry, Ltd. ("Blackberry"),
· you agree that Blackberry,
its subsidiaries and any third party merchant that is operating within the
Blackberry applications store, known as the BlackBerry App World,
("Merchant") are third party beneficiaries of these Terms, and that,
upon your acceptance of these Terms, Blackberry and the Merchant will have the
right to (and will be deemed to have accepted the right) to enforce these Terms
against you as the third party beneficiary thereof;
· you acknowledge and agree
that we, and not Blackberry or the Merchant, are responsible for any breach or
failure to deliver under these Terms, or for addressing and enforcing any
claims you or any third party may have in relation to the Application and/ or
the Services;
· you acknowledge and agree
that Blackberry or the Merchant has no obligation whatsoever to furnish any
maintenance and support services with respect to the Application and/ or the
Services; and
· you acknowledge and agree
that when the Application is purchased from the BlackBerry App World it will be
available only on Blackberry Devices.
Additionally, notwithstanding any provision to the contrary
included in these Terms, when using a Blackberry Device you shall be able to
reinstall the Application in accordance with the rules of the My World
repository, which are available within the BlackBerry App World.
Apple
In the event that you are using a Device or Third Party
Application provided by Apple, Inc. ("Apple"),
· you agree that Apple and
Apple's subsidiaries are third party beneficiaries of these Terms, and that,
upon your acceptance of these Terms, Apple will have the right to (and will be
deemed to have accepted the right) to enforce these Terms against you as the third
party beneficiary thereof;
· you acknowledge and agree
that we, and not Apple, are responsible for addressing any claims you or any
third party may have in relation to the Application and/ or the Services;
· you acknowledge and agree
that Apple has no obligation whatsoever to furnish any maintenance and support
services with respect to the Application and/ or the Services; and
· in the event of any failure
of the Application and/ or the Services to conform to any applicable warranty,
you agree to notify Apple of such failure. Upon notification Apple will refund
the purchase price for the Application and/ or Services (if any) to you.
AT&T
In the event that you are using a Device or Third Party
Application provided by AT&T Mobility or any AT&T Affiliate (collectively
"AT&T"),
· you acknowledge and agree
that we, and not AT&T, are responsible for any breach or failure to deliver
under these Terms, or for addressing and enforcing any claims you or any third
party may have in relation to the Application and/ or the Services;
· you acknowledge and agree
that AT&T has no obligation whatsoever to furnish any maintenance and
support services with respect to the Application and/ or the Services;
· you acknowledge and agree
that in the event of any failure of the Application and/ or the Services to
conform to any applicable warranty, you may notify AT&T of such failure.
Upon notification AT&T will refund the purchase price for the Application
(if any) to you. To the maximum extent permitted by applicable law, AT&T will
have no other warranty obligation whatsoever to you with respect to the
Application and/ or Services, and any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any
warranty; and
· you acknowledge and agree
that AT&T, and its subsidiaries, are third party beneficiaries of these
Terms, and that, upon your acceptance of these Terms, AT&T will have the
right to (and will be deemed to have accepted the right to) enforce these Terms
against you as the third party beneficiary thereof.
ADDITIONAL TERMS OF USE TO SPECFIC SERVICES
Our specific services include music recognition, related
applications and music and ringtone downloading services. These services are
available via your Device or by accessing our Website. Below are additional
important details concerning use of these services, limitations, cost of use
and more.
Music Recognition
The Shazam music recognition service is currently accessible by
calling 2580 from your mobile ("Shazam 2580"), by using the ShazamiD
application ("ShazamiD") or as offered by any of our partners (such
as your mobile operator or on line application stores, etc.)
When using Shazam as it is offered by one of our partners,
specific terms and conditions may apply, which will be made available to you at
the point of access.
Shazam 2580
Shazam 2580 enables you to tag music tracks by calling 2580 from
your mobile phone and directing your phone toward the music source for a few
seconds. The tag result will be sent to you via SMS.
Shazam 2580 is available as a Pay-Per-Use service or by
subscribing to Tag Club.
Pay-Per-Use
When using Pay-Per-Use each successful tag costs £0.50,
including VAT, which will be charged by premium rate SMS and will be taken from
your pre-pay credit or added to your regular phone bill each month. We may
change this fee at any time by posting the new charges on the Website. We
therefore encourage you to review the Website regularly to check the cost of
this service before you use it.
If the tune you tag cannot be recognised, you will not be
charged.
Each time you attempt to use the music recognition services your
network operator will also charge you at your usual call rate. This charge is
usually no more than 12p plus VAT.
When you Tag music on a Pay Per Use basis, we may send you an
SMS offering you membership to one of our clubs together with instructions on
how to join.
Tag Club
To join Tag Club, text TAGS to 80805. Your text will be charged
at your normal operator rates.
Tag Club membership operates as a monthly subscription for
Shazam 2580, by which you will be able to tag up to 300 music tracks per month.
Your membership to the Tag Club will be automatically renewed for further 30
days periods at the end of each membership period. To interrupt your
subscription text STOP to 80805.
From March 24th, 2009, Tag Club costs £3.00 per month. Tag Club
subscribers who joined prior to March 24th 2009 will remain on their existing
price package.
Service works on all music except live performances.
This service is only available within the UK.
ShazamiD
ShazamiD is a mobile phone application, which enables you to tag
music and use related services available within the application.
ShazamiD is a JAVA application that you have either downloaded
or was pre-installed on your phone. The application size is 766kB. ShazamiD is
only compatible with certain handsets. Click here for more information.
ShazamiD is available with a Smart Club subscription. Smart Club
is a monthly subscription service that gives users unlimited use (subject to
our usage policy) for £3.00 per month. Initially, the Smart Club subscription
was available as a free trial for a 30 days period. At the end of the free
trial period you will start being charged £3.00 in advance every 30 days. To
terminate your subscription, text STOP to 80805 at any time or call the
customer service helpline on 0845 6003956 between 9.00am and 5.30pm weekdays or
unsubscribe by following the instructions contained within the ShazamiD
application.
Each time you attempt to recognise music using ShazamiD, you
will send approximately 2kB of data, which your network operator will charge at
your usual data rates.
Please note: We comply with the Code of Practice of PhonePay
Plus which regulates the content, promotion and overall operation of all
premium rate telecommunication services in the UK.
ShazamiD FREE 30 Day Trial is not available to existing Shazam
subscribers.
ShazamiD also offers the following additional services: info
about the tagged tracks and artist, cover art for tracks, tags sharing via SMS,
exclusive music reviews, buy tracks, pre-order new releases, ShazamiD charts.
Charges
Fees for Tag Club and Smart Club are charged by premium rate SMS
and will be taken from your mobile phone pre-pay credit immediately or added to
your regular phone bill each month in advance. If you do not have sufficient
pre-pay credit on your mobile phone at the time you attempt to subscribe to a
club, your subscription will not be successful and any subsequent use of the
music recognition service will be charged on a Pay Per Use basis. We will send
you a text confirming successful subscription and if you do not receive a text
after attempting to subscribe, please contact Customer Services. All prices are
inclusive of VAT, unless otherwise stated.
Subscription Cancellation
When you order a subscription your right to cancel ends when the
subscription commences. The subscription will be deemed to commence once your
account is activated and an SMS is sent to you confirming the same.
Termination of Membership
You may terminate your membership of any club by texting STOP to
80805 or contacting Customer Services. Membership in Smart Club can also be
terminated by following the instructions contained within ShazamiD. Your
membership will be terminated at the end of the then current 30 day membership
period.
Promotions
We may, from time to time, offer promotional membership of
clubs, which are subject to the terms and conditions publicised with the
promotion.
Discontinuance of Clubs
We may, at any time, terminate your membership in a club or
discontinue or replace any club, with or without notice. We will inform you by
SMS, free of charge, that your membership has been terminated or that a club
has been discontinued or replaced.
MadTags and Shazam Club are two formerly available subscription
clubs that have now been discontinued. If you are a former subscriber to any of
these services and would like to still be able to use Shazam on your Device
please contact our Customer Services.
Website
Registration and Password
Access to some of the Shazam Website services, such as
purchasing downloads and ringtones, require that you register with the Website.
When you register on the Website, we will automatically create a public profile
for you. Any profiles created will be available on the Website for others to
view, along with your identified tracks. You may choose to make your profile
private on registration on the Website or at any time after registration by
un-checking the "Public" box within your Profile in the "My
Shazam" section of the Website. You may at any time update your profile,
or change your username and password.
Your registration details must be truthful and accurate and you
agree to keep them up to date. Any email addresses or phone number you provide
to us must be a valid email address and valid phone number.
Once you have a username and password, you will be responsible
for all activities occurring under your username and for keeping your password
secure. You agree to notify us immediately if you are aware of any loss, theft,
or unauthorised use of your user name or password.
We may prompt you to change your username or deactivate your
account, temporarily or permanently, if we believe that in using the name you
are attempting to impersonate another person, or that it infringes or may
infringe a trademark, breaches any law, is vulgar, offensive or is otherwise
inappropriate.
Downloads & Ringtones
You may purchase music and ringtone downloads via the Website or
any Shazam wap site as they are made available by us or one of our partners.
Price and specific payment terms will be made available to you at the time of
purchase. Orders to buy downloads or ringtones from the Website are subject to
acceptance by us or our partners, as the case may be. Orders for downloads will
be deemed accepted when you receive confirmation of your order. Orders for
ringtones will be deemed accepted when you receive the ringtone. We may reject
your order for any reason, prior to acceptance. If we reject your order after
payment has been made, we will provide you with a refund.
Shazam does not monitor the content of downloads or ringtones
and is not responsible for downloads that may include content that may be
offensive to you. You are fully responsible to get yourself informed before the
purchase regarding whether such downloads are relevant or appropriate for you.
You may purchase ringtones and downloads for your personal and
non-commercial use only. You may not copy, lend, hire, make available,
distribute or broadcast ringtones or downloads.
Cancellation Rights
Due to the nature of the service we are not able to cancel your
purchase of the download or ringtone once we begin the process of delivering
your download or ringtone.
Technology Requirements
Our Website is accessible by using any Current Web Standards
compliant browser. In order to receive downloads or ringtones, your mobile
handset must be WAP compatible and your WAP service activated. Please check
this before placing an order.
Downloads from our partner websites are subject to the terms and
conditions of the relevant partner. Our partners may provide audio files in
WMA, AAC, WAV or MP3 format. Please check their terms and conditions for any
appropriate technology requirements.
If your download or ringtone purchased from Shazam is defective
or you cannot complete the download process, please contact Customer Services.
Where there is a fault in the download or ringtone Shazam will re-send it to
you at no extra cost or reimburse you for it.
Tag Lists
If you have created a profile on the Website, you will be able
to view your tag list online. If you download the Shazam Facebook Application,
you will be able to view your tag list on your Facebook profile and on the
WebsiteOnly one mobile phone number may be used to create a tag list but if you
change your mobile phone, we will transfer your tag list to your new number
upon request when you notify Customer Services of the new number.
Personal Use
These Services are available for your personal use only and you
may not use the Services for any commercial purpose. We may restrict or
terminate your access to the Services, at any time, without notice, if you are
in breach of the Terms.
Unsolicited Ideas and Feedback
We welcome your feedback on what we are currently doing (both
positive and negative). If you want to send us your feedback, we ask that you
use our contact form. Any feedback you provide to us can be used by us on an
unrestricted basis and treated by us as non-confidential.
Please note the following caution. Please do not tell us anything
that contains new or original ideas, in respect of which you might want, now or
in future, to claim any form of proprietary rights. Please do not submit any
such ideas, original creative material, suggestions or other work in any form
to us. We ask this because we want to avoid potential misunderstandings or
disputes if our products might seem similar to ideas submitted to us.
If, despite our request that you not send us your ideas, you
still send them to us, then regardless of what you say to us, you agree that:
(i) your submissions and their contents will automatically become our property,
without any compensation to you, you will not assert against us any rights or
ownership and you will not claim any reward (financial or otherwise) in respect
of any such submissions; (ii) we may use or redistribute the submissions and
their contents for any purpose and in any way; (iii) there is no obligation for
us to review any material that you submit to us; and (iv) there is no
obligation to keep any such material confidential.
Copyright © 2013 Shazam Entertainment Limited. All rights
reserved.
Shazam Entertainment Limited, 26-28 Hammersmith Grove London W6
7HA United Kingdom.
