Privacy Policy

DATED 2011-11-30 · VERSION 20111202_rev01 · COMPARED WITH 20111002_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20111002_rev01 to 20111202_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+Effective as from 22 September 2011.
+Effective as from 30 November 2011.
+Spotify USA, Inc., a Delaware corporation ("**Spotify**", "**we**" or "**us**") wish to bring you the best music service available. To be able to do this, and to offer you products and services available on the Spotify websites at [http://www.spotify.com/](http://www.spotify.com/) and other Spotify branded URLs (the "**Spotify Websites**"), Spotify will request some information from you and automatically collect information about your use of the Spotify Software Application, the Spotify Service (both as defined in the [Spotify Terms and Conditions of Use](https://www.spotify.com/us/legal/end-user-agreement/)). Further, Spotify will request information from other third party services if such services are activated via Spotify. This policy (the "**Spotify Privacy Policy**") describes our online privacy practices and what personal information we may collect from you and what we will and will not do with that information.
+Spotify USA Inc., a Delaware corporation ("**Spotify**", "**we**" or "**us**") wish to bring you the best music service available. To be able to do this, and to offer you products and services available on the Spotify websites at [http://www.spotify.com/](http://www.spotify.com/) and other Spotify branded URLs (the "**Spotify Websites**"). Spotify will request some information from you and automatically collect information about your use of the Spotify Software Application, the Spotify Service (both as defined in the [Spotify Terms and Conditions of Use](https://www.spotify.com/us/legal/end-user-agreement/)). Further, Spotify will request information from other third party services if such services are activated via Spotify. This policy (the "**Spotify Privacy Policy**") describes our online privacy practices and what personal information we may collect from you and what we will and will not do with that information.
 ## 1\. How we collect and use personal information
+When you sign up for a Spotify account or purchase Spotify's products and services available on the Spotify web page, we may ask you for certain personal information such as email address, postal address, age, gender and residence. When creating a Spotify account, or connecting your already existing Spotify account with your Facebook account, we will also receive and store the following information from Facebook, Inc ("**Facebook**") your name, user name, password, profile picture, unique Facebook identifier and access token, gender, birthday and email address. In addition, when you use the Spotify Software Application, Spotify Service and Spotify Websites, we will automatically receive information about your use of the application, service and website including personal information such as media that you access, queries you make, date and time of your request, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version.
+When you sign up for a Spotify account or purchase Spotify's products and services available on the [Spotify web page](http://www.spotify.com/), we may ask you for certain personal information such as email address, postal address, age, gender and residence. When creating a Spotify account, or connecting your already existing Spotify account with your Facebook account, we will also receive and store the following information from Facebook, Inc. ("**Facebook**") your name, user name, password, profile picture, unique Facebook identifier and access token, gender, birthday and email address. In addition, when you use the Spotify Software Application, Spotify Service and Spotify Websites, we will automatically receive information about your use of the application, service and website including personal information such as media that you access, queries you make, date and time of your request, your Internet protocol address, performance of your network and computer, your browser type, language and identifying information, your operating system and application version.
 We will use your personal information (i) to provide the products and services that you have purchased or requested (including Spotify Social, as defined in the [Spotify Terms and Conditions of Use](https://www.spotify.com/us/legal/end-user-agreement/), and the display of customized content and advertising), (ii) to communicate with you concerning your account, customer service issues and Spotify products and services, (iii) to personalize and improve the Spotify Software Application, the Spotify Service and the Spotify Websites, (iv) to ensure the technical functioning of our products and services, (v) to develop new products and services, and (vi) to protect the copyright-protected content of the Spotify Service (e.g. by limiting access to the Spotify Service content to users with a Spotify account).
+If you have activated Spotify Social, we will share your Facebook user name and your Facebook profile picture to other Spotify users connected to Spotify Social. Further, the default setting is that all your playlists (including created playlists, starred music and top lists) are visible for other Spotify users connected to Spotify Social. If you do not wish for such use of your personal data taking place, you should not activate Spotify Social or adjust your Spotify Social settings.
+If you have activated Spotify Social, we will share your Facebook user name and your Facebook profile picture to other Spotify users connected to Spotify Social. Further, the default setting is that all your playlists (including created playlists, starred music and top lists) are visible for other Spotify users connected to Spotify Social and may be transferred to a third party as a result of another user's use of the Spotify Service or a Third Party Application. If you do not wish for such use of your personal data to take place, you should not activate Spotify Social or adjust your Spotify Social settings to disallow such sharing.
 ## 2\. Sharing information with others
+Unless you give us your explicit approval in advance and except as outlined in Section 1 above and except with respect to, Spotify affiliates (being other companies controlled by or under common control with us), we will only share your personal information as is necessary to
+Unless you give us your explicit approval in advance and except as outlined in Section 1 above and except with respect to, Spotify affiliates (being other companies controlled by or under common control with us), we will only share your personal information for the purposes set forth under Section 1 (i) to (vi) above or as is necessary to:
+. Provide you with the products or services that you have purchased or requested.
+. Enforce the terms and conditions of the [Spotify Terms and Conditions of Use](https://www.spotify.com/us/legal/end-user-agreement/), [the Mobile Terms](https://www.spotify.com/us/legal/mobile-terms-and-conditions/) (as defined in the [Spotify Terms and Conditions of Use](https://www.spotify.com/us/legal/end-user-agreement/)), [the Premium Code Terms](https://www.spotify.com/us/legal/premium-code-terms-and-conditions/) and [the Unlimited Code Terms](https://www.spotify.com/us/legal/unlimited-code-terms-and-conditions/).
+. Comply with laws, regulations and any applicable court orders or to respond to or comply with litigation matters or other legal process.
+. Allow for a change of ownership of Spotify (including but not limited to an acquisition by or merger with another company) and related transfer of all personal information to the new owner in which case any information remains protected in accordance with this Spotify Privacy Policy.
+. Allow advertising audits and analysis measuring the size and composition of the group of users that have listened to and/or viewed an advertisement or other promotional information.
+. Allow us to use a third party to perform surveys measuring your experiences and use of our services (not permitting the third party to use your personal information for any other purpose).
+. Allow us to share aggregated statistics about use of the Spotify Software Application and the Spotify Service with parties with whom we do business. We will not, however, share personally identifying information with these parties or any other third parties, except under the narrow circumstances described above.
+. Enforce the terms and conditions of the [Spotify Terms and Conditions of Use](https://www.spotify.com/us/legal/end-user-agreement/), [the Mobile Terms](https://www.spotify.com/us/legal/mobile-terms-and-conditions/) (as defined in the [Spotify Terms and Conditions of Use](https://www.spotify.com/us/legal/end-user-agreement/)), [the Premium Code Terms](https://www.spotify.com/us/legal/premium-code-terms-and-conditions/) and [the Unlimited Code Terms](https://www.spotify.com/us/legal/unlimited-code-terms-and-conditions/).
+. Comply with laws, regulations and any applicable court orders or to respond to requests from governmental or administrative bodies or to comply with litigation matters or other legal process.
+. Allow for a change of ownership of Spotify (including but not limited to an acquisition by or merger with another company) and related transfer of all personal information to the new owner in which case any information remains protected in accordance with this Spotify Privacy Policy.
+. Allow advertising audits and analysis measuring the size and composition of the group of users that have listened to and/or viewed an advertisement or other promotional information.
+. Allow us to use a third party to perform surveys measuring your experiences and use of our services (not permitting the third party to use your personal information for any other purpose).
+. Allow us to share aggregated statistics about use of the Spotify Software Application and the Spotify Service with parties with whom we do business. We will not, however, share personally identifying information with these parties or any other third parties, except under the narrow circumstances described above.
+If you have connected your Spotify account to Facebook and have agreed to share information about the music you are playing to Facebook Spotify will share every song you play to Facebook If have chosen to share to Facebook and you choose to publish a playlist, your playlist information will also be shared to Facebook. If you have not chosen to share to Facebook and you choose to publish a playlist, your playlist information will be publicly available to other Spotify users via the Spotify Software Application but not shared to Facebook. You can choose to disable automatic publishing of new playlists in the preferences pane. Information shared to Facebook will be attributed to the Facebook account to which your Spotify account is connected. Facebook's use of such information is governed by Facebook's privacy policy and Spotify's use of such information is governed by this Spotify Privacy Policy. You understand and agree that you need to consult both privacy policies to amend or delete personal information which has been provided to Facebook. If you do not wish for such use of your personal data to take place, you should not agree to share information about the music you play to Facebook and/or adjust your settings to deactivate such sharing.
+If you have connected your Spotify account to Facebook and have agreed to share information about the music you are playing to Facebook Spotify will share every song you play to Facebook If you have chosen to share to Facebook and you choose to publish a playlist, your playlist information will also be shared to Facebook. If you have not chosen to share to Facebook and you choose to publish a playlist, your playlist information will be publicly available to other Spotify users via the Spotify Software Application but not shared to Facebook. You can choose to disable automatic publishing of new playlists in the preferences pane. Information shared to Facebook will be attributed to the Facebook account to which your Spotify account is connected. Facebook's use of such information is governed by Facebook's privacy policy and Spotify's use of such information is governed by this Spotify Privacy Policy. You understand and agree that you need to consult both privacy policies to amend or delete personal information that has been provided to Facebook. If you do not wish for such use of your personal data to take place, you should not agree to share information about the music you play to Facebook and/or you should adjust your settings to deactivate such sharing.
+In some further cases, access to certain products and services may also require you to provide your personal information to a third party, such as our business partners. In such cases, this will be stated during the registration process, in the terms of use or in a similar manner. The third party's use of such information is governed by that party's privacy policy, and Spotify's use is governed by this Spotify Privacy Policy. Please visit the privacy policy of our business partners' to make sure that you understand how they use the personal information you provide to them. If you do not wish for such use of your personal data taking place, you should not register for the applicable product or service.
+Access to Third Party Applications (as defined in the Spotify Terms and Conditions of Use) may require you to provide access to your personal information to the providers of such Third Party Applications. In such cases, you will be informed about this either during the registration process, in the terms of use of the Third Party Application or in a similar manner. If you visit or register for a Third Party Application, information about your Spotify user ID, currently playing song, play history, play queue, library, playlists, country of registration and type of Spotify subscription (e.g., Free Service, Unlimited Service or Premium Service) may be transferred to and stored by the provider of the Third Party Application. Spotify may also collect and share information as to your physical location, with a provider of a Third Party Application, however, the provider will not be authorized to use that information to determine your precise physical location, without your prior consent. The Third Party Application provider's use of your personal information is governed by that third party's privacy policy, and Spotify's use is governed by this Spotify Privacy Policy. Please note that if you choose to remove a Third Party Application from your Spotify account, this does not necessarily mean that the relevant third party provider will delete personal information about you that they have previously received. Please visit the privacy policy of the relevant third party to make sure that you understand how they may use the personal information you provide to them. If you do not wish for such use of your personal data taking place, you should not register for or use the applicable Third Party Application.
+In some further cases, access to certain other third party products and services that are offered or advertised through the Spotify Software Application or the Spotify Website may also require you to provide your personal information to other third parties. In such cases, this will be stated during the registration process for such other third party product or service, either in the terms of use for such product or service or in another manner. The third party's use of such information will be governed by that party's privacy policy, and Spotify's use is governed by this Spotify Privacy Policy. Please visit the privacy policy of any such third parties to make sure that you understand how may they use the personal information you provide to them. If you do not wish for such use of your personal data taking place, you should not register for the applicable third party product or service.
 ## 3\. Transfer of personal information to other countries
+Spotify processes personal information on servers in a number of countries. We may therefore transfer and process your personal information on a server outside the United States. However, we will use our best efforts to do so in accordance with this Spotify Privacy Policy and applicable law.
+Spotify processes personal information on servers in a number of countries. We may therefore transfer and process your personal information on a server outside the United States. However, we will use our best efforts to do so in accordance with this Spotify Privacy Policy and applicable law. By approving the Spotify Privacy Policy, you consent to such transfer of your personal information.
 ## 4\. Security
+We take a number of steps to keep your personal information secure from unauthorized access. For example, we ask you to use a unique and strong password and not to share this information with anyone. In addition, we use encrypted transmissions to limit access to the systems that store your personal information. Further, we respect and comply with applicable laws and regulations on data protection. You are responsible for maintaining the security of your user access name and related password. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
+We take a number of steps to keep your personal information secure from unauthorized access. For example, we ask you to use a unique and strong password and not to share this information with anyone. In addition, we use encrypted transmissions to limit access to the systems that store your personal information. Further, we respect and comply with applicable laws and regulations on data protection. You are responsible for maintaining the security of your user access name and related password. While we try our best to safeguard your personal information once we receive it, please be aware that no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
 ## 5\. Children´s personal information
+The Spotify Service and Spotify Websites are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age you should not use the Spotify Service or the Spotify Websites, and under no circumstances should you provide personal information to us. If we discover that a child under the age of 13 has provided us with personal information, we will immediately delete that child´s information from the Spotify Service.
+The Spotify Service and Spotify Websites are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age you should not use the Spotify Service, the Spotify Websites, the Third Party Applications or the Third Party Applications Content and under no circumstances should you provide personal information to us. If we discover that a child under the age of 13 has provided us with personal information, we will immediately delete that child´s information from the Spotify Service.
 ## 6\. Access to personal information and corrections
 You can access and update some of the personal information we keep on you through the Spotify Service or by sending a request to [accounts@spotify.com](mailto:accounts@spotify.com). We will respond to your request upon verification of your identity within a reasonable period of time, and to the maximum extent practical.
 ## 7\. Links
 ## 8\. Cookies
 We may also store information about you using cookies (files which are sent by us to your computer or other access device) that we can access when you visit the Spotify Websites in future. We do this to help improve the user experience of the website. If you want to delete any cookies that are already on your computer, please refer to the instructions for your file management software to locate the file or directory that stores cookies. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
 ## 9\. Changes to this Spotify Privacy Policy and notices
+Spotify reserves the right to make changes to this Spotify Privacy Policy at its sole discretion. If we make any changes to this policy we will notify you by posting the new version of the policy on the Spotify Websites. It is your own responsibility to check the website for such postings from time to time. You may also be asked to reacknowledge and reaccept this Privacy Policy following any material changes.
+Spotify reserves the right to make changes to this Spotify Privacy Policy in its sole discretion. If we make any changes to this policy we will notify you by posting the new version of the policy on the Spotify Websites. It is your own responsibility to check the website for such postings from time to time. You may also be asked to reacknowledge and reaccept this Privacy Policy following any material changes.
 Please note that by accepting the [Spotify Terms and Conditions of Use](https://www.spotify.com/us/legal/end-user-agreement/), [Mobile Terms](https://www.spotify.com/us/legal/mobile-terms-and-conditions/), [the Premium Code Terms](https://www.spotify.com/us/legal/premium-code-terms-and-conditions/) and [the Unlimited Code Terms](https://www.spotify.com/us/legal/unlimited-code-terms-and-conditions/), or by using the Spotify Software Application, the Spotify Service or the Spotify Websites, you consent to the collection and processing of your personal information as described in this Spotify Privacy Policy, as well as the other terms of this Policy. As mentioned above, we will notify you if we make any changes to this Spotify Privacy Policy by posting the new version of the policy on the Spotify Websites. Your continued use of the Spotify Software Application, the Spotify Service or the Spotify Websites following the posting or other notice of changes to this Spotify Privacy Policy will constitute an acceptance of such changes. If you have any concerns, questions or thoughts on how we can improve our privacy policy, please let us know by sending an email to [legal-feedback@spotify.com](mailto:legal-feedback@spotify.com).
 ## 10\. English version prevails
 In the event that this Spotify 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.
 ## 11\. Ownership changes
 In the event that Spotify or its affiliates, or its or their respective business or this website becomes owned or controlled by other individuals or entities, the information we have collected about you through this website or otherwise may be transferred to such other individuals or entities. In such an event, this Privacy Policy will continue to apply to the information gathered online about you through this site until you are notified otherwise or a change is made to this Policy and posted or notified as provided above.
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