Please take a moment to familiarize yourself with this entire Policy prior to providing us with any information through the Myspace Services. Throughout the policy we use capitalized defined terms. These terms are intended to have the meaning given to them in the Policy. You should read the entire Policy, but to facilitate your review, here is a partial list of some of the key topics that are discussed in greater detail throughout the Policy. If you reside in the European Economic Area ("EEA"), please read our Myspace EEA Privacy Notice.
If you are a California resident, please be sure to review the section "Additional Information for California Residents" below for important information, as required by California privacy laws, about the categories of personal information we collect and disclose and your rights under California privacy laws.
- This Policy only applies to your activities on the Myspace Services that contain a link to the Policy, and it does not govern activities that are unrelated to such Myspace Services.
- We collect certain information about you when you interact with the Myspace Services (e.g., Usage Information), both by directly asking you to provide us with such information and by automatically collecting it, including through the use of Web Technologies. Some of this information may be shared with third parties, including other Users and Visitors, advertisers, advertising related service providers and VIANT affiliates, as described further below.
- Third parties – including linked services (e.g., Facebook, Twitter), advertisers, and advertising service providers may also collect certain information about you in connection with your use of the Myspace Services (e.g., Usage Information).
- At this time, Myspace does not serve advertisements to Users as part of the Myspace Services, but does share your personal information with our corporate affiliate VIANT, who may share it with other third parties. If our business practices change in the future, you may be served with targeted advertising on the Myspace Services and on websites, applications, and other platforms owned or controlled by third parties based on information about you collected both on and off the Myspace Services, including advertisements based on your location and/or Usage Information. If we make any such future changes to the Myspace Services, we will update this Policy to let you know about those changes.
- Myspace uses servers located in the United States and may use servers in other countries. Any information collected about you in connection with your use of the Myspace Services will be used and stored in the United States. We may also transfer your data to other countries (including countries outside of the European Economic Area) for processing by staff who work for us or for one of our contractors. You expressly consent to the processing of your information in accordance with the terms and conditions set forth in this Policy.
If you have any questions about this Policy or our privacy practices, please contact us here.
You can also print copies of this Policy by clicking here.
In the event you would like to receive a copy of this Policy by e-mail, please click here.
- Who We Are
- Scope Of This Policy
- The Information That We Collect
- Information You Provide To Us
Personal Information That You Provide
We may ask you to provide us with certain information, including personal information, when you interact with the Myspace Services.
Information that identifies you as a particular individual is referred to in this Policy as "Personal Information". This would include, without limitation, your full name, e-mail address, telephone number and street address.
We collect Personal Information through the Myspace Services when you choose to provide us with such information, for example, when you register to become a Member. We may also collect Personal Information through a variety of other methods, including when you elect to contact us, submit Profile Content or otherwise interact with the Myspace Services. We may aggregate certain items of your Personal Information (such as your age) to create anonymized statistical information about our User base (which we refer to as "Aggregated Information."). Once aggregated, the information in question can no longer be re-attached to you, so it is no longer Personal Information.
- Registration Information
Certain features of the Myspace Services are only accessible by Members who have registered with Myspace and created a Myspace account ("Account"). In order to do so, you must first complete a registration form that requests certain basic registration information from you, such as your full name, e-mail address, date of birth, and gender (collectively, "Registration Information").
- Profile Content
The information in your Profile Content is grouped into two main categories – Restricted Information and Public Information.
"Restricted Information" refers to those portions of the Profile Content and Activity Notifications associated with your Profile to which you may elect to restrict public access by changing the Profile settings that Myspace may make available to you from time-to-time here ("Profile Settings") or by changing other functionality specific settings on the Myspace Services. These Profile Settings may permit you to create a "Restricted Profile" by choosing to enable certain (but not absolute) limitations on the availability of certain aspects of your Profile that are not required by Myspace to be Public Information (as described below), certain associated Profile Content, and some of the notifications that Myspace produces regarding your activities ("Activity Notifications"). Further, unless otherwise provided by Myspace, all of your Profile Content and Activity Notifications will still be available to the people whose Profiles you allow to connect to you.
"Public Information" refers to the portion of your Profile Content that can always be viewed, accessed, and used by anyone with access to the Myspace Services (e.g., Myspace, other Users, search engines, advertisers, application developers, other third parties, etc.). Any Profile Content that does not otherwise constitute Restricted Information is considered Public Information for the purposes of this Policy. The following information is Public Information that cannot be changed to Restricted Information:
- Full Name
- Profile URL
- About Me (the portion of your Profile that provides a place to describe yourself)
- Profile Photo
- Profile Cover
- Stated Location
- Myspace IDs
Public Information also includes:
- Any additional Profile Content associated with a "Public Profile," which refers to any Profile for which a User has set the Profile's visibility status to "Public" in his or her Profile Settings, but subject to Mix privacy settings (as further defined below);
- Activity Notifications published on the Myspace Services from Public Profiles;
- Your status as a "Top Fan";
- Affinity Information (e.g., the relative magnitude of your affinity for Profiles and content); and
- The number of your connections in and connections out.
Please note that the Myspace Services currently do not allow Users to restrict access to the items of Public Information described above, which can always be viewed, accessed, and used by anyone with access to the Myspace Services, including via third party search engines. If that is not acceptable to you, you should not use the Myspace Services.
Although access to Restricted Information will be limited as set forth above, it is important to note that if you share such information with others, they may copy that information or share it with others, including with the public. Myspace is not responsible for the actions of those with whom you choose to share your Restricted Information. For example, you may choose to use the Myspace Services to access content pages, which are those pages that, for example, represent an individual item of content such as video or audio, or a collection of content such as audio tracks (e.g., "Mixes"). When you decide to post content, comments, or other materials to another Member's Profile, a Content Page, or elsewhere on the Myspace Services, that information will be disclosed, and available to third parties consistent with the visibility settings for the relevant Profile or content, even if those settings are inconsistent with your own Profile Settings. Content Pages are generally publicly available, which means that posts that you make on those pages will likely be available to anyone. In addition, your video viewing or audio selections may be part of your Profile Content as well as any content pages that you view. Similarly, if you connect to a Public Profile, the fact that you have connected to that Public Profile will be available to anybody with access to the Myspace Services.
The Profile Settings that Myspace makes available to Members, as well as their functionality, may change as the Myspace Services continue to evolve. We will provide reasonable advance notice of the changes in the Profile Settings section, or otherwise. Delays and errors in effecting Profile Setting preferences may occur and we do not represent that they will be immediate, complete, error-free, current, reliable or accurate. If you experience any problems with your Profile Settings, or have any questions or concerns regarding your Profile Settings, or you are interested in obtaining additional information regarding the settings options that may be available to you, please contact us at the Help Site.
The Myspace Services may allow messaging between Members. More information about who can message whom is available here.
More detailed information about Myspace's Profile Settings is available here.
Account ID And Profile ID
When you create an Account, Myspace assigns an "Account ID" to identify and organize information relating to your Account and a "Profile ID" for each Profile associated with an Account (collectively, your "Myspace IDs"). The Profile ID may allow Myspace to provide a unique internet URL for your Profile ("Profile URL"). As described above, Myspace IDs and/or Profile URLs always constitute Public Information and may therefore be viewed, accessed, and/or used by anyone with access to the Myspace Services. You cannot restrict access to Public Information through your Profile Settings, and you cannot make your Myspace IDs and Profile URLs Restricted Information.
- Registration Information
- Information We Collect Or Store As You Access And Use The Myspace Services
In addition to the information that you choose to submit to us via the Myspace Services, we and our third-party service providers may also collect certain information about you automatically, including through the use of various technologies that passively store or collect certain information whenever you interact with the Myspace Services. This may include information about the nature of a User's interactions with the Myspace Services, such as his or her media consumption activities ("Usage Information"). Usage Information may be stored or accessed using a variety of technologies including cookies, web beacons, embedded scripts, entity tags and other similar technologies whether now or later devised (collectively "Web Technologies"), some of which may be downloaded to the computer or other Device. The Usage Information that we collect may be non identifying or it may be associated with you, your Account, and your Profile(s). In the event we collect certain information about your interaction with the Myspace Services while you are a Visitor, Myspace may associate that information with your Account if you subsequently become a Member.
Examples of the Usage Information we may collect include:
- your IP address or unique Device Identifiers;
- your Device functionality (e.g., browser type, operating system, hardware, mobile network information, etc.);
- the URL that referred you to the Myspace Services;
- the areas within the Myspace Services that you visit and your activities there, including remembering you and your preferences, which artists you are listening to, what videos you are viewing, or Profiles or content pages you choose to connect with, etc.;
- your Device location (including using GPS and longitude and latitude location information);
- your Device characteristics;
- certain other Device data (e.g., the time of day when the Device is used); and
- ranking information about you with respect to other Users or content pages that you interact with (e.g., Myspace may record the links to content pages that you post and rank your association with that content compared to other Users).
Please note that certain Web Technologies may set, change, alter, or modify settings or configurations on your Device. Additionally, third parties may use Web Technologies with the Myspace Services. For more information on the options that may be available to you for opting out of Web Technologies, see Section 5. You can also avoid the Web Technologies used on the Myspace Services by not interacting with the Myspace Services and uninstalling any mobile or other applications for which Myspace is the application publisher.
- Information We Receive From Third-Parties
Myspace may receive or collect certain information about you from third-party websites, platforms, or services in the event you choose to take advantage of various features that may allow you to integrate information on or to the Myspace Services. For example, Myspace may provide you with the option to voluntarily: (i) sync content from Twitter that will appear on the Myspace Services in your activity feed; (ii) authenticate your identity and register for Myspace using Facebook's authentication protocol; or (iii) otherwise integrate information from third-party sources. Similarly, we may allow third-party websites, platforms, or services to develop software applications that you can elect to install on your Account in order to provide additional functionality to the Myspace Services. These third party integrations and applications are collectively referred to in this Policy as "Third-Party Linked Services". Should you voluntarily choose to take advantage of the Third-Party Linked Services offered through the Myspace Services, we may receive certain information about you from the relevant third-party providers, including the following:
- Nickname or username
- Photo or graphic avatar
- Unique third-party website identifier (e.g., Facebook User ID)
- Biographical Information (e.g., professional title, gender, college attended, etc.)
- Likes and interests
- Content accessed or associated with your third party service account (e.g., articles, songs, videos)
- Any information that is publicly available on third-party websites
- Device location (including GPS and longitude and latitude location information)
- Other information that you choose to share with Myspace
We may supplement or otherwise combine the information we collect directly through the Myspace Services with information received or collected from our affiliates or other third parties to deliver targeted advertising to you on other websites across the internet and other platforms, services and networks, including mobile and other connected Device platforms, and for other purposes not prohibited by this Policy.
Myspace will treat any information received from third parties (including providers of Third-Party Linked Services) as set forth in this Policy. However, the information practices of third parties are not governed by this Policy. Myspace cannot control the treatment of your information by third parties and we are not responsible for their privacy practices, which may differ from those described in this Policy. We encourage you to review the privacy policies and terms of service of any such third parties prior to choosing to integrate and/or install them on your Account or disclosing information to them. If you have any questions regarding a third party's information practices, you must contact the relevant entity directly.
If you visit any of our Affiliates’ websites or use services provided by our Affiliates that are not part of the Myspace Services, please be aware that our Affiliates’ privacy policies will apply to their use of your information.
- Information You Provide About A Third Party
You may have the opportunity to communicate with others from the Myspace Services, such as by sending an invitation to a friend. If you choose to take advantage of this functionality, we may ask you to provide us with certain information about the person with whom you wish to communicate (e.g., name, e-mail address, mobile number, etc.). Before you provide that information to us, you must be sure that your friend has given you permission to do that. Myspace collects such information for the purposes of facilitating the requested communication, which may contain a specific promotional message from you (e.g., an invitation to register for the Myspace Services). Unless we explicitly say otherwise, Myspace will not use this information for other marketing purposes without first obtaining consent from the person to whom the relevant information pertains. Please be aware that when you use any send-to-a-friend functionality on the Myspace Services, your e-mail address, mobile number, name or username, and message may be included in the communication sent to your addressee(s).
- Information You Provide To Us
- Myspace's Use And Disclosure Of Your Information
Except as otherwise set forth in this Policy, we may use the information that we collect about you through the Myspace Services for any purposes not prohibited by applicable laws and regulations, including as follows:
- Public Information And Myspace ID
Myspace may use and share your Public Information, including Myspace IDs, for any reason in our discretion. Public Information, including Myspace IDs, may be displayed in search results both on the Myspace Services and on external search engines (i.e., those owned or operated by third parties, such as Google).
- Restricted Information And Other Information
Myspace may also disclose any of your Restricted Information, and any other information we have received from or about you, as set forth in the following subsections. In addition, Myspace may use and disclose your information for other purposes when you provide us with prior consent to use your information in such a manner.
- Restricted Information And Other Information
- To Third-Party Service Providers To Assist Us In Providing And Managing Myspace Services
- To Third Party Linked Services
We may use any information we collect from and about Users in connection with providing and managing the Myspace Services. This may include, among other things: (i) measuring and improving the Myspace Services; (ii) facilitating your participation in online games, contests or promotions; (iii) enabling you to communicate and share with other Users; (iv) recommending content or connections (including other Users) to you; (v) analyzing and disclosing your ranking or affinity to certain content or Users to anyone; (vi) providing you with customer support and other requested services; and (vii) responding to your inquiries.
When you choose to use a Third-Party Linked Service, you are authorizing the Myspace Services to share information generated by or available on the Myspace Services, including Personal Information, with Third-Party Linked Services, including, but not limited to:
- Full Name
- Profile URL
- About Me
- Profile Photo
- Profile Cover
- Unique Myspace Identifier (e.g., Myspace IDs)
- Stated Location
- Biographical Information (e.g., professional title, college attended, etc.)
- Any Information that Is Publicly Available on the Myspace Services
- Device location (including using GPS and longitude and latitude location information)
- Other Information that You Choose to Share with Third-Party Linked Services
- Analytics Services
- To Allow Other Users To Find You
- To Deliver Relevant Content And Recommendations
- To Create A Social Media Consumption Experience
- To Contact You
- To Deliver Social Advertising To You And Your Friends
- If we do resume serving advertisements as part of the Myspace Services in the future, we will update this Policy and provide you with information on how you may adjust your privacy settings to opt out of receiving personalized advertisements. How we protect your privacy when targeting ads to you
- To Protect The Rights Of Myspace And Our Users, And To Comply With Legal Process
- Business Transfers
- Co-Branded Areas
- Sweepstakes, Contests And Promotions
Myspace uses third-party analytics providers and products to obtain, compile, and analyze information (that may include your Profile Content (both Public Information and Restricted Information), Usage Information and/or Device Identifiers about how Users are using and interacting with the Myspace Services. Myspace may provide such information to these analytics providers for the purpose of obtaining statistics and other information about how Users are using and interacting with the Myspace Services.
These analytics providers may use their own Web Technologies to provide us with these services and may otherwise collect or have access to information about you, including your Profile Content, Usage Information and/or Device Identifiers. We are not responsible for those third-party Web Technologies or activities arising out of them relating to information about you that the analytic providers obtain directly from you or from third parties. Some third-party analytics providers may offer you certain choices regarding their practices, some of which can be found here.
Myspace uses Public Information and Restricted Information in connection with User search inquiries to establish potential matches to search criteria using tools made available as part of the MySpace Services. We make good faith efforts not to display to other Users your Restricted Information except in accordance with your Profile Settings. Please note that Members under the self-reported age of 18 (other than respect to Artist Profiles for artists whose indicated age is under the age of 18 and may appear in people browse results) are not intended to show up in the results of Myspace’s “people browse” feature, which allows Users to browse for Members based on certain criteria inputted by the User. Please contact us here if you notice any discrepancy.
To make your experience more interesting or relevant, we may use information you provide, or that we collect about you (e.g., Profile Content, including without limitation page views, queries, media consumption, and connections between your Profile and other Profiles or content pages), and information we may collect from other Users and third parties (e.g., Facebook or Twitter), to assist us in recommending Member and content connections to you on Myspace. Myspace may also combine your information with information collected by our Affiliates or others to improve the Myspace Services and to make content recommendations to you both on and off of the Myspace Services.
As part of the Myspace Services, your Usage Information and Profile Content (including video viewing and audio access) may be shared with other Users. To make your content consumption experience more social and fun, to improve services, to perform analytics, to compare your usage to other Users, to rank your linkages with certain content or Users, and to better make suggestions about other content, we may use any of the information you provide and the information we collect about you and we may share the content of the media that you access on or through the Myspace Services with other Users. We may also share your media access through Myspace Services (including video viewing and audio content access) as an activity notification by activity notification by, for example, sharing your Profile content (including your full name, username and Profile Picture) on the content page where such video or audio resides. Additionally, your activity may be indicated on your own Profile (in your activity stream or elsewhere) and on your connections' Profile, in each case, both on the Myspace Website, and on any other Myspace Services, including for example, any Myspace mobile App. Other examples of activities that may generate Activity Notifications include, but are not limited to: (i) posting status updates; (ii) commenting on a post; (iii) sharing content or posting on the Myspace Services; (iv) sharing content or posting to a Third-Party Linked Service; (v) connecting to a Profile or content (e.g., a photo, photo album, video, song, etc.); (vi) being tagged in a photo; (vii) commenting on a photo album; (viii) adding a photo to a photo album; (ix) playing a song or watching a video; (x) adding a song to a mix; (xi) updating a Profile; and (xii) adding a cover photo. An example of an actual Activity Notification on the Myspace Services is the following: "John Doe listened to the song 'True Love Waits'." Activity Notifications may include Profile Content (e.g., your full name and Profile photo), and some may aggregate your activity with activity of third parties (e.g., "John Doe and Sally Smith connected to a photo.").
Myspace makes this feature public to everyone by default, and anyone can see these Activity Notifications. Note that if your Profile is a Restricted Profile, the Profiles that you have allowed to connect to you will still see your Activity Notifications regarding your content consumption on Myspace. From time-to-time we may offer you with options, such as an option to opt out on a session basis (that is, just for a single time when you are using the Myspace Services), or a persistent basis (that is, for every time that you use the Myspace Services), from Activity Notifications related to your content consumption. Session settings are intended to last only as long as your Myspace page is open in your browser. If you close your browser, the session-based setting will be reset to public, and your song and video play Activity Notifications will default to the visibility setting associated with your Profile's visibility. You should always check the content consumption Activity Notification setting each time you use the Myspace Services, so that you are aware of and comfortable with your media consumption appearing as Activity Notifications.
We may use Usage Information (such as about your media consumption, connections to content pages or Profiles, and posts regarding content pages or Profiles), and your Profile Content, to rank affinity to other Profiles and content. This allows us to identify "Top Fans", and we may use your Public Information to display that you are a Top Fan of an artist, other Profile, or a piece of content. Top Fan status is Public Information – anyone may see your status as a Top Fan. We also may provide analytics tools to Artist Profiles that allow the owners of such Artist Profiles to see Public Information of Users who strongly engage with the Artist Profile or the content pages controlled by the Artist Profile (e.g., videos or songs or such Artist Profile), including Users that are not connected to the Artist Profile.
Unless otherwise noted, your consumption of media on the Myspace Services will be Public Information.
Myspace may periodically send promotional materials or notifications related to Myspace Services or the services or products of Myspace's partners to the e-mail address you provided to us in your Registration Information or to the messaging functionality of your Profile(s). By maintaining an Account and/or using Myspace Services, you consent to the receipt of promotional materials or notifications to your e-mail address or Profile(s), unless you informed us previously that you do not want to receive those messages, either when you set up your Account or later on. If you want to stop receiving promotional materials from Myspace, you may unsubscribe by changing your Profile Settings or following the unsubscribe instructions at the bottom of the relevant e-mail from Myspace. Please note that your opt-out request will not apply to subsequent or different subscriptions, or to certain administrative communications relating to your Account or use of the Myspace Services (e.g., service announcements). You will continue to receive administrative messages from Myspace even if you choose to opt-out from receiving our marketing or promotional communications.
For more information, please see Section 10 below titled "Managing Your Information On, And Communications From, Myspace."
Many websites like Myspace are free to Users because they are supported by advertising. While Myspace no longer serves advertising to Myspace Users on its website, if we resume ad serving in the future , you may be served ads that are personalized based on, for example, your location, age, gender, content consumption, connections and other information, and we and third parties may use Web Technologies to deliver these ads. Additionally, we may share your Personal Information, Usage Information, Device Identifiers, and any other information that we receive or collect with third parties (including our Affiliates and our third-party advertising partners) in order to enable customization of the advertising displayed on the Myspace Services, other websites across the internet and other platforms, services and networks, including mobile and other connected Device platforms, and for other purposes not prohibited by this Policy. The parties with whom we may share your information may supplement your information with information they receive about you from others, in order to customize the advertisements they serve. They may also, in turn, share your information with others.
While we are not currently serving advertisements on Myspace, our Affiliates or other third parties may use your personal data to deliver targeted advertising to you on other websites across the internet and other platforms, services and networks, including mobile and other connected Device platforms, and for other purposes not prohibited by this Policy on other platforms or websites. We use ad delivery technologies that encrypt information that would otherwise identify you to prevent the third party advertiser from knowing who you are. The encryption technologies that we use convert data that identifies you (like a registered account name or e-mail address) into a string of characters that cannot be turned back into information that identifies you. So the third party that displays the ad to you will know that the ad is being displayed to someone with certain characteristics (e.g., a woman in her early twenties who likes to listen to Rihanna and go to music events) but the third party won’t have your name, e-mail address or any other information that would allow them to identify you specifically. We add information about the ads that have been shown to you and information about devices, purchasing or online behavior associated with a particular encryption-generated identifier to create a profile for that identifier. This profile helps us to better match ads to your interests and avoid showing you the same ads too many times. If you have a Myspace account, we store that profile until you delete your Myspace account or change your personalized advertising settings to turn off personalized advertising.
Myspace may disclose User information in the event we file for bankruptcy, or in connection with certain types of business transactions that result in corporate change. For example, if Myspace is or may be (or substantially all of its assets are or may be) acquired by another party pursuant to an acquisition, merger, sale, reorganization, liquidation, asset exchange, or similar business transfer, we may disclose and transfer User information to the parties involved in the transaction (e.g., in connection with due diligence efforts or as a transferred asset).
We may offer sweepstakes, contests, and other promotions (collectively, "Promotions") through the Myspace Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.
- Public Information And Myspace ID
Welcome to Myspace®, a place where people come to connect, discover, and share. Showcasing artists and their work, Myspace gives people access to a massive digital music library. With roots in music and social, the platform is built to empower all artists—from musicians and designers to writers and photographers—helping them connect with audiences, collaborators, and partners to achieve their goals. Through an open design, compelling editorial features, and analytics-based recommendations, Myspace fosters a creative community of people who connect around mutual affinity and inspiration for the purpose of shaping, sharing, and discovering what’s next.
Myspace services may include: (i) those offered on any Myspacebranded URL, including www.myspace.com (the "Myspace Website"); (ii) Myspace messaging services (e.g., instant messaging, private messaging, public and private group chatting, etc.); (iii) Myspace music and video services (including, without limitation, any Myspace TVbranded video service ("Myspace TV™"); (iv) Myspace developer services; (v) Myspace mobile services; (vi) Myspace advertising services; and (vii) any other features, content, or applications offered or operated from time to time by Myspace in connection with Myspace's business, including when Myspace is accessed via the internet, mobile device, television or other device (collectively, "Myspace Services"). The Myspace Services are hosted in the United States. We may also transfer your data to other countries (including countries outside of the European Economic Area) for processing by staff who work for us or for one of our contractors.
This Policy describes generally how we collect, use, store and share information that we receive from users of Myspace Services ("Users"). This Policy applies both to individuals using such services that register with Myspace and create Myspace Accounts and their associated Profile(s) ("Members"), as well as individuals who use such Myspace Services without registering ("Visitors").
Please note that this Policy does not limit Myspace's use or sharing of aggregated, deidentified or other anonymized information that does not constitute Personal Information). We may use and/or share such information in any manner not otherwise prohibited by this Policy or by applicable law, without notice or compensation to you, including freely disclosing for any legal purpose non¬Personal Information to VIANT affiliates, advertisers, partners, content owners, and other third parties.
We will continue to evaluate and update this Policy as we rollout additional services for our Users, employ new technologies and otherwise adapt and improve along with the evolving online and digital world so we recommend that you check for changes regularly. We welcome your comments, as we strive to maintain a Policy that is both transparent and that improves the Myspace Services.
To the extent that we provide you notice on any of the Myspace Services of different or additional privacy policies or practices (e.g., at the point of our collection), those different or additional terms shall govern such data collection and use.
This Policy discloses how Myspace collects, uses, discloses, retains, and transfers your information and uses Web Technologies in connection with the Myspace Services to which this Policy applies. This Policy does not govern the collection, use, disclosure, retention, or transfer of your information or use of Web Technologies by third parties outside of the Myspace Services. The collection, use, disclosure, retention, or transfer of your information or use of Web Technologies by third parties is governed by the applicable third parties' privacy policies. Accordingly, you are encouraged to check those privacy policies for information about their individual privacy practices. We make no representations regarding the collection, use, disclosure, retention, or transfer policies or practices of any third-parties.
The Myspace Services are not available to Users residing in Russia. In certain countries, such as those of the European Union, you may have additional rights in respect of the processing of your Personal Information, including the existence of the right of access to and the right to rectify such information. You may also have the right to ask us not to use certain Web Technologies under our control or process certain of your Personal Information (or provide it to third parties to process) for e-mail marketing purposes. While these laws may not apply to Myspace Services, we offer certain options to non-US residents:
- E-Mail Marketing Communications: We will seek your consent to opt-in to e-mail marketing communications where required by applicable laws. You will always have a right to opt-out from e-mail marketing communications. For further information on your right to opt-out from communications for marketing purposes, please refer to Section 4.2.8 and Section 10.
You can also exercise your options above, if applicable, at any time by contacting us in the following ways:
By Postal Mail: Myspace LLC, 6100 Center Dr., Suite 800, Los Angeles 90045; By electronic message at the Help Site. By providing information to Myspace, you do so in the knowledge that the laws applicable in your home country may not apply to protect your Personal Information or to your use of the Myspace Services.
To the extent required by local law, by using the Myspace Services, you consent to the transfer of your personal data to the United States. If you do not agree to this international transfer of data, then you must refrain from using the Myspace Services.
Users from the European Economic Area ("EEA") should also read our EEA Privacy Notice. If there is any conflict between this Policy and our EEA Privacy Notice, our EEA Privacy Notice will take precedence with respect to personal data of individuals who reside in the EEA.
Myspace takes reasonable precautions to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information accessed, stored or transmitted by Myspace.
Myspace understands the importance of protecting children's privacy in the interactive world. We do not use the Myspace Services to knowingly collect Personal Information from children under the age of 13, and do not allow children under sixteen (16) years old to use the Myspace Services. If you are under sixteen (16) years old, you may not create a Myspace User Account and should not send any information about yourself to us through the Myspace Services.
In the event that Myspace becomes aware that we have collected Personal Information from any child, we will dispose of that information in accordance with the Children's Online Privacy Protection Act and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 years old has provided us with information without your consent, please contact us here and we will take reasonable steps to ensure that such information is deleted from our systems.
Myspace may modify this Policy and/or Profile Setting options at any time. However, if we make material changes to this Policy that expand our rights to use your Personal Information, we will notify you either through a Myspace message, e-mail, and/or a prominent notice at the Myspace Website, or as otherwise required or permitted by law. You express your affirmative consent to any material changes if you choose to continue using the Myspace Services following notice of these changes in this manner. Your participation in and use of the Myspace Services is entirely voluntarily, and you may choose to cease to using the Myspace Services and/or to terminate your Account and its associated Profile(s) at any time and for any reason.
We provide you with the ability, through your Profile Settings, to access, edit, or delete certain of your Registration Information and Profile Content. To do so, follow the steps outlined here. Please note that certain Registration Information is required to maintain an Account; therefore, if you desire to delete required Registration Information, you will have to delete your Account and associated Profiles. If you no longer want to use the Myspace Services, you may cancel your Account at any time. Even after you cancel your Account or delete information or Profile Content, copies of some information from your Account or Profile(s) may remain viewable in circumstances where, for example, you have posted information on another User's Profile, shared information with a Third-Party Linked Service, or if another Visitor or Member copied, stored or shared your information or has a copy of the link to content you shared on the Myspace Services. To the extent permitted by applicable law, we may also retain backup information related to your Account and associated Profile(s) on our servers for as long as is reasonably necessary after cancellation for fraud detection, site operation or to comply with applicable law or our internal security policies. Please be aware that, due to the nature of certain internet and mobile technologies outside of our control, such as caching and networked technology, your Account may not be instantly inaccessible to others, and there may be a delay in the removal of your information and content from elsewhere on the internet and from search engines.
If you do not want to receive promotional (i.e., commercial) e-mail from us in the future, please contact us here. Myspace communicates with you for a number of different purposes. You may choose to stop receiving commercial e-mail from us for a specific purpose, multiple purposes or all purposes. You will also have the option of clicking on a link included in e-mail correspondence you receive from us in order to remove yourself from one or more of our types of communications. You may also opt-out of certain Myspace communications via Profile Settings here. Please note that there might be a brief delay between when you submit your request to "opt-out" and when it is processed and reflected in our systems. Accordingly you may continue to receive communications from us for a limited time after you unsubscribe. If your opt-out is limited to certain types of e-mails, the opt-out will be so limited. Please note that we reserve the right to send you certain administrative communications relating to your account or use of the Myspace Services, such as service announcements, even if you choose to opt-out from receiving our marketing or promotional communications.
If you have questions about this Policy or any complaints about our procedures, please contact Myspace at:
- On the Internet:
- Myspace LLC
Attn: Customer Care - Privacy
6100 Center Dr., Ste 800
Los Angeles, California 90045
Personal Information Not Covered by this California Section
This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under Section 1798.145(c) – (f) of the CCPA.
This section also does not apply to personal information we collect about California job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of MySpace, and use solely in that context.
Categories of Personal Information that we Collect and Disclose
Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect and disclose to others for a business purpose. We collect these categories of personal information from the sources described in Section 3. "The Information That We Collect” above, and for the purposes described in Section 4. "Myspace's Use And Disclosure Of Your Information" above.
|Categories of personal information collected||Did we collect?||Did we disclose for a business purpose?|
|Name, contact info and other identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol address, email address, account name.||Yes||Yes|
|Internet or other electronic network activity information such as internet or other electronic network activity information, including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with a the website, application, or advertisement.||Yes||Yes|
|Geolocation such as your approximate location as derived from IP address / device ID in the context of serving locally relevant content, promotions and advertising.||Yes||Yes|
|Audio, video and other electronic data audio, electronic, visual, or similar information such as, photographs and videos submissions.||Yes||Yes|
|Other information you provide, such as messages to other users or requests for customer support||Yes||Yes|
Categories of Personal Information Sold. The CCPA defines a “sale” as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration, and we are required to disclose information to you about sales of your personal information. Within the past twelve (12) months we disclosed or made available personal information to our Affiliates and third parties for targeted behavioral advertising purposes, including:
- Demographic information, contact information and other identifiers (encrypted as described in Section 4.2.9)
- Internet or other electronic network activity information
- Geolocation data
Your Rights and Choices under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. This section describes your rights under the CCPA and explains how to exercise those rights. Subject to certain exceptions, California residents have the right to make the following requests:
Right to Opt-out of Sale (Do-Not-Sell): You have the right to direct us not to sell your personal information (“opt-out’). We do not sell personal information if we have actual knowledge that the consumer is less than 16 years of age, unless we receive affirmative authorization (“opt-in’) from either the consumer between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.
Request to Delete: You have the right to request that we delete and direct any service providers that have received that personal information to delete, the personal information that we have collected from you and retained, unless an exemption applies. Once we receive and confirm your verifiable request, we will instruct you on how to delete your account and will delete (and, if applicable, direct our service providers to delete) any other personal information from our records, unless an exemption applies.
Request to Know: You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable request, we will disclose to you:
- the categories of personal information we collected about you;
- the categories of sources of personal information we collected about you;
- our business or commercial purposes for collecting or selling that personal information;
- the categories of third parties with whom we have disclosed or shared that personal information;
- the specific pieces of personal information we collected from you;
- the categories of third parties to whom your personal information has been sold; and
- the categories of personal information that we have sold (if any).
Submitting CCPA Requests: You can submit a Request to Know or Request to Delete by either:
- Submitting a request online here CCPA Request Web Portal
- Sending an email to email@example.com
We will respond to verifiable requests received from California residents as required by law.
Agents. You can also designate an authorized agent to make a request under the CCPA on your behalf, but such agent must be registered as required by the CCPA and provide proof that the agent is authorized to make a request on your behalf. So, we may ask you for additional information necessary to verify or process your request. Where applicable, we may ask for proof that an authorized agent is entitled to act on your behalf.
Verification and Response Process. We may carry out checks, including with third party identity verification services, to verify your identity before taking any action with your personal information. We will endeavor to respond your verifiable requests within 45 days of receipt. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request receipt. Generally, California residents can exercise their CCPA rights free of charge.
Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. We will not discriminate against you for exercising any of your CCPA rights or impose unreasonable requirements on financial incentives offered to California consumers related to your personal information. We may offer different prices, rates, or quality of goods or services if the difference is reasonably related to the value of your personal information.
Cookies. A cookie is a data file placed on a Device when it is used to visit the Myspace Services. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial internet browsers, and in some instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to Adobe's website www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of the Myspace Services may not function properly, and that when you revisit the Myspace Services your ability to limit cookies is subject to your browser settings and limitations.
Device. The personal computer, laptop, tablet, mobile phone or other handheld device, internet connected television or other device that you use to access the Myspace Services.
Device Identifier. A unique string of numbers, letters or characters that is automatically assigned to your Device used to access the Myspace Services that allows our servers to identify your Device.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Myspace Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Myspace Services, and is deactivated or deleted thereafter.
ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in the Myspace Services' pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including to: count visitors to the Myspace Services, to monitor how users navigate the Myspace Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.