Privacy / Data Protection Policy for MY MUSIC AG

last updated 16th of may 2008

The protection of the users’ personal data is an important issue for MyMusic. The regulations relating to data protection law contained in the General Terms and Conditions [Terms] are rounded off and amended by this Privacy Policy, by explaining to the User the type and extent of the utilisation of data, and by informing the User of his/her rights.

If certain terms are not expressly defined in this Privacy Policy, such terms are defined in the General Terms and Conditions. Furthermore, we shall use definitions as used by legislation.

MyMusic shall only collect, process and use personal data in compliance with the regulations of data protection law applicable in the Federal Republic of Germany. Furthermore, MyMusic will naturally comply with the data protection rules set for MyMusic by the European Union.

1. Upon acknowledgement of the General Terms and Conditions and of this Privacy Policy, the User declares towards MY MUSIC AG, Niederwall 9, 33602 Bielefeld, Germany his/her agreement with the utilisation and processing of his/her personal data in compliance with this Privacy Policy.

2. Should the User not agree that his/her data be used in this way by MyMusic, or should he/she be concerned that his/her personal data may become known to other users or to third parties, he/she is advised to refrain from using the Applications and from Registration.

   Should questions arise in relation to this Privacy Policy, the User may at any time contact Mr. Michael Roehricht, the data protection officer of MY MUSIC AG, Niederwall 9, 33602 Bielefeld, Germany [info@mymusic.ag].

3. MY MUSIC AG is the body responsible for processing of the data.

4. MyMusic shall use the personal data in order to enable the User to utilise the Applications, i.e. for purposes of establishing the contract, for its implementation and for the settlement after the termination of the contract. MyMusic shall under no circumstances grant access to personal data to third parties for advertising or marketing purposes, nor forward them to third parties in any other way, unless the User has given his/her consent thereof.

   Only such Users who themselves have given their consent both to the General Terms and Conditions and to this Privacy Policy will obtain access to the personal data.

5. 1.The protection of the User’s personal data is the aim of this Privacy Policy. Personal data comprise individual pieces of information regarding the personal or material situation of a defined or definable natural person.

   The following information will be necessary in order to register for the Applications:

   • MyMusic Nickname (or company / club name)
   • MyMusic domain selection + URL
   • Sex, or type of company
   • Date of birth (day, month, year)
   • E-mail address
   • Password
   • Residence/location (city, state, country)
   • Musical tastes, or musical style (genre)

   n order to register, the User will also choose a user name/Nickname. He/she can log onto the MyMusic Network using the stipulated e-mail address and a password chosen by the User.

   The above-mentioned data – with the exception of the password – will be made available to other users. The User may, however, restrict the visibility of certain data for other users. Such pieces of information are marked with a lock symbol during registration.

   A reasonable utilisation of the Applications will not be possible without publishing the data.

   The User may also publish his/her photograph or another image file.

   The User expressly agrees to the publication of the above data and image files.

   In all other cases, the User himself/herself can decide which data to make available to the Community. This may include:

   • Photographs
   • Songs
   • Videos
   • Contact list
   • Guest book
   • Groups
   • Profile information, such as marital, or other relationship status or contact data etc.
   • Personal descriptions

   This means that the User himself/herself may decide which data will be made available to other users. Here, the User also has the choice of only making certain information available to certain users. The User thus has the possibility of changing the settings relating to his/her data at any time. This means that the User can refuse certain users access to his/her data, and can thus protect the data.

   The User agrees that information provided by the User himself/herself may be used by MyMusic in order to send or provide the User with custom-tailored information, news and (advertising) offers which are of interest to him/her. The User may withdraw his/her consent to this type of personalised advertising at any time.

6. 1.MyMusic uses cookies in order to facilitate the utilisation of the Applications. Cookies are files which are stored on the User’s computer. By this means, utilisation data (for instance data relating to log-in) will be tracked. Depending on the settings of the browser used, the User is able to restrict the use of cookies. If cookies are not accepted, the Applications cannot be used, or cannot be used to their full extent.

7. Each time the User accesses his/her Account, certain data will be stored automatically in a protocol file (Apache log files). This protocol file contains the following data:

   • User’s IP address (the name of the computer will not be stored)
   • Date and time
   • That which is called up online
   • Status code (e.g. file existent)
   • Size of reply in Bytes
   • Referer (where you were before)
   • Browser user agent

   The data contained in the protocol file will as a basic principle be used in an anonymised form. This means that they are stored for statistical purposes only, without being able to attribute or link them to the User. This serves for the evaluation of capacity utilisation and for the analysis of the Network.

   MyMusic shall furthermore have the right to also analyse the data contained in the protocol files in order to be able to provide the User with custom-tailored advertising offers, and thus give the User the opportunity to effectively use the Network. The User agrees to this.

   The User shall at all times have the right to declare towards MyMusic that he/she does not approve of being sent personalised advertising, without having to provide reasons for this. This means that he/she can withdraw this approval at any time.

8. 1.MyMusic will send a newsletter to the User by e-mail, reporting on news from the Community. The User’s data shall also be used for these purposes. The User agrees to also receive advertising from MyMusic through this newsletter. The User shall at all times have the right to withdraw this approval.

Upon acknowledgement of this Privacy Policy, the User agrees to the collection and processing of his/her data, according to the above description. The contents of this approval will be recorded by MyMusic. The User may access the contents of the approval at any time. The User may at all times withdraw his/her approval of the processing of personal data with effect for the future, completely or in part. It will not be necessary to provide reasons for this withdrawal. The withdrawal is to be directed to MY MUSIC AG, Niederwall 9, 33602 Bielefeld, Germany info@mymusic.ag

This Privacy Policy can be called up at any time and from all pages of the Network. The User shall at all times have the right to obtain information regarding the type and extent of the data stored with regard to his or her person.