Last Updated: November 2, 2018
EMPIRE Distribution, Inc. (“Company”), is concerned about privacy issues and wants
you to be familiar with how we collect, use and disclose information. This Privacy Policy
describes our practices in connection with information that we or our third-party service
providers collect through certain of our owned or controlled websites, web properties
(e.g., widgets and applications) and mobile applications (“Mobile Apps”) in each case,
that link to this Privacy Policy (each, a “Property” or collectively the “Properties”). By
providing Personal Information (as defined below) to us through the Properties, you
agree to the terms and conditions of this Privacy Policy.
This Privacy Policy does not address, and we are not responsible for, the privacy,
information or other practices of any third party, including Facebook, Inc., Apple Inc.,
Google LLC, Microsoft Corp., any wireless carriers, our artists, our affiliates and any
third party operating any site or property to which any Property contains a link. In
addition, the inclusion of a link on any Property does not imply endorsement of, or
affiliation with, the linked site or Property by us or by our artists or affiliates. Please note
that the Properties may include the ability to access and submit (including, for example,
via a third-party software application or service that is available through or in connection
with a Property) certain information directly to third parties, such as Facebook, or to any
application platform, such as Apple’s App Store or Google Play. Such information is
submitted by you directly to such third parties and this Privacy Policy does not apply to
any such information submitted by you.
Your California Privacy Rights: If you are a California resident, you may request
certain information once per year about our disclosure of certain categories of Personal
Information during the preceding calendar year to third parties for such third parties’
own direct marketing purposes. Please send your request by email to, or
by postal mail to EMPIRE Distribution, Attn: Legal Department, 235 Pine St., San
Francisco, CA 94104. We reserve our right not to respond to requests submitted other
than to the email or mailing addresses specified in this section.
Personal Information We Collect
Two types of information are collected in connection with the Properties: Personal
Information and Other Information. “Personal Information” is information that identifies
you or makes you identifiable as an individual. “Other Information” is any information
that does not reveal your specific identity. If we are required to treat Other Information
as Personal Information under applicable law, then we may use and disclose it for the
purposes for which we use and disclose Personal Information as detailed in this Policy.
Other Information is addressed separately below, under the heading “OTHER
We and our third-party service providers may collect the following Personal Information
from you:
Postal address (including billing and shipping addresses)
Telephone number
Email address
Credit and debit card number
Shopping Cart Content
Collection of Personal Information
We and our third-party service providers collect Personal Information through the
Properties in a variety of ways, including:
Through the Properties
o We may collect Personal Information through the Properties, for example, when
you register for newsletters or other communications through the Properties,
make a purchase or make a request.
o We may collect Personal Information from you offline, e.g., if you provide
information to us at a concert venue.
From Other Sources
o We may receive your Personal Information from other sources, for example:
publicly available databases; or
marketing partners when they share information with us in the context of
marketing and promotional campaigns related to our business.
o If you use your social media or other third party account to enter our
sweepstakes, contest, or promotions or via an initiation to sign into such account
on our Properties, you will share certain Personal Information from your third
party account with us which may include, for example, your name, email
address, photo, list of social media contacts, listening history, favorite tracks and
any other information that you make or which is otherwise accessible to us when
you connect through such third party account.
You are not required by statute or contract to provide any Personal Information to us.
For example, when you participate in various opportunities provided through the
Properties, we collect Personal Information from you in order to enable you (or us) to
complete your experience on the Properties.
How We May Use Personal Information
We and our third-party service providers may use Personal Information for the following
business purposes including:
Providing the functionality of the Properties and fulfilling your requests.
o To provide the Properties’ functionality to you, such as arranging access to your
registered account, and providing you with related customer service.
o To respond to your inquiries and fulfill your requests, when you contact us via
one of our online contact forms or otherwise, for example, when you send us
questions, suggestions, compliments or complaints, or when you request
information about our Properties.
o To send to you administrative information, including information regarding the
Properties and changes to our terms, conditions and policies.
o To complete and fulfill your purchase, for example, to process your payments,
have your order delivered to you, communicate with you regarding your
purchase and provide you with related customer service.
o To allow you to send messages (for example, music clips or artist information) to
a friend through the Properties. By using such functionality, you are telling us
that you are entitled to use and provide us with your friend’s name and email
We will engage in these activities to manage our contractual relationship with you
and/or to comply with a legal obligation.
Providing you with our newsletter and/or other marketing materials and
facilitating social sharing
o To send you marketing communications, that we believe may be of interest to
you if you have indicated that you would like to receive them (including, without
limitation, by our third-party service providers that send direct mail, email, and
other types of advertising)
o To send you SMS text messages using your telephone number, e.g., if you
participated in a sweepstake with this number and you have indicated you would
like to receive them. Please keep in mind that message and data rates may
apply. You should check with your mobile service provider for applicable data
rates. At any time, you may text back “HELP” for further information regarding
text messages. If additional rules are provided in connection with any specific
SMS text message sign-ups, such rules shall also apply and shall control in the
event that they conflict with this Privacy Policy.
o To facilitate social sharing functionality that you choose to use.
We will engage in this activity with your consent.
Analysis of Personal Information for business reporting and providing
personalized services.
o To analyze or predict our users’ preferences in order to prepare aggregated
trend reports on how our digital content is used, so we can improve our
o To personalize your experience on the Properties using your IP address, by
presenting content, products, and offers tailored to you.
We will provide personalized services either with your consent or because we have a
legitimate interest.
Allowing you to participate in sweepstakes, contests or other promotions.
o To allow you to participate in sweepstakes, contests and similar promotions
using your email address, and to administer these activities. Some of these
activities have additional rules, which could contain additional information about
how we use and disclose your Personal Information, so we suggest that you
read these rules carefully; in the event of a conflict between such rules and this
Privacy Policy, such rules will govern.
We use this information to manage our contractual relationship with you.
Aggregating and/or anonymizing Personal Information.
o We may aggregate and/or anonymize Personal Information so that it will no
longer be considered Personal Information. We do so to generate other data for
our use, which we may use and disclose for any purpose.
We will engage in this activity because we have a legitimate interest.
Accomplishing our business purposes.
o Data analysis, for example, to improve the efficiency of our Properties;
o Audits, to verify that our internal processes function as intended and are
compliant with legal, regulatory or contractual requirements;
o For fraud and security monitoring purposes, for example, to detect and prevent
cyberattacks or attempts to commit identity theft;
o For developing new products and services;
o For enhancing, improving, or modifying our current products and services;
o For identifying usage trends, for example, understanding which parts of our
Properties are of most interest to users;
o For determining the effectiveness of promotional campaigns, so that we can
adapt our campaigns to the needs and interests of our users; and
o For operating and expanding our business activities, for example, understanding
which parts of our Properties are of most interest to our users so we can focus
our energies on meeting our users’ interests.
We engage in these activities to manage our contractual relationship with you, to
comply with a legal obligation, and/or because we have a legitimate interest.
Disclosure of Personal Information
We may disclose Personal Information:
To our affiliates for the purposes described in this Privacy Policy.
o You can consult the list and location of our affiliates by emailing
o EMPIRE Distribution, Inc. is the party responsible for the management of jointly-
used Personal Information.
To our third-party service providers (and in some cases, our affiliates), to
facilitate the services they provide to us
o These can include providers of services such as hosting, data analysis, payment
processing, order fulfillment, infrastructure provision, IT services, customer
service, email delivery, credit card processing, auditing and other similar services
to enable them to provide such services.
To third parties, to permit them to send you marketing communications,
consistent with your choices.
o Unaffiliated third parties or their vendors, to permit them to send, or cause to be
sent, marketing communications to you in online and offline media.
o Our artists (including any of the artists’ band members, if applicable) and their
representatives, so that the artists and their representatives may use this
information to send to you communications (including marketing
communications) that they believe may be of interest to you, including, for
example, if you (a) sign up to join the applicable artist’s mailing list and/or to
receive such artist’s newsletters, (b) register with the applicable artist’s website,
or (c) have otherwise indicated that you would like to receive information and/or
marketing communications from the applicable artist. We do not control, and are
not responsible for, artists’ and their representatives’ use of Personal
o To a relevant artist who is no longer affiliated with us, if you indicated an interest
in such artist (for example, by registering with the artist’s website)
To third parties that sponsor contests, sweepstakes and similar promotions
so that they can facilitate and administer such contests, sweepstakes and
By using the Properties, you may elect to disclose Personal Information
o On or through message boards, chat, profile pages and blogs and other services
to which you are able to post information and materials. Please note that any
information and materials that you post or disclose on or through a Property will
become public information, and may be available to visitors to such Property and
to the general public, and may be redistributed through the Internet and other
media channels where they will reach an even broader audience. Additionally,
please note that, we retain certain rights in the information and materials that you
post on or through the Properties, and we may use and disclose such
information and materials (including any Personal Information included therein)
in accordance with our Terms of Use. We urge you to be very careful when
deciding to disclose your Personal Information, or any Other Information, on or
Other Uses and Disclosures
We may also use and disclose your Personal Information as necessary or appropriate,
especially when we have a legal obligation or legitimate interest to do so:
To comply with applicable law.
o This can include laws outside your country of residence.
To respond to requests from public and government authorities.
o These can include authorities outside your country of residence.
To cooperate with law enforcement.
o For example, when we respond to law enforcement requests and orders.
For other legal reasons.
o To enforce our terms and conditions
o To protect our operations or those of any of our affiliates or artists;
o To protect our rights, privacy, safety or property, or that of our affiliates, our
artists, you or others; or
To allow us to pursue available remedies or limit the damages that we may sustain.
In connection with a sale or business transaction.
We have a legitimate interest in disclosing or transferring your Personal Information
to a third party in the event of any reorganization, merger, sale, joint venture,
assignment, transfer or other disposition of all or any portion of our business, assets
or stock (including in connection with any bankruptcy or similar proceedings) Such
third parties may include, for example, an acquiring entity and its advisors.
Retention Period
We will retain your Personal Information for as long as needed or permitted in light of
the purpose(s) for which it was obtained and consistent with applicable law.
The criteria we use to determine our retention periods include:
The length of time we have an ongoing relationship with you and provide the
Properties to you (for example, for as long as you have an account with us or keep
using the Properties);
Whether there is a legal obligation to which we are subject (for example, certain
laws require us to keep records of your transactions for a certain period of time
before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to
applicable statutes of limitations, litigation or regulatory investigations).
Sensitive Information
We ask that you not send us, and you not disclose to us, any sensitive Personal
Information (e.g., social security numbers, information related to racial or ethnic origin,
political opinions, religion or other beliefs, health, criminal background or trade union
membership) on or through the Properties or otherwise.
Other Information We May Collect
We and our third-party service providers may collect Other Information (defined above)
such as:
Browser and device information
Mobile App usage data
Server log files
Information collected through cookies, pixel tags and other technologies.
Geographic location information
Demographic information and other non-personally identifiable information provided
by you
Information about how you use the Properties
Aggregated information
How We May Collect Other Information
We and our third-party service providers may collect Other Information in a variety of
ways, including:
Through your browser or your device: Certain information is collected by most
browsers, such as your Media Access Control (MAC) address, device type
(Windows or Macintosh), screen resolution, operating system version, Internet
browser type and version and the type and version of a Property that you are using.
We and our service providers may also collect a unique device identifier assigned by
us or our service providers to the device from which you are accessing a Property
and other transactional information for the device that we and our service providers
may use to serve content and advertisements to the device.
Through your use of Mobile Apps: When you download and use a Mobile App,
we and our service providers may track and collect Mobile App usage data, such as
the date and time the Mobile App on your device accesses our servers and what
information and files have been downloaded to the Mobile App based on your device
Through server log files: An Internet Protocol (IP) address is a number that is
automatically assigned to your device from which you are accessing a Property by
your Internet Service Provider (ISP), and is identified and logged automatically in our
server log files whenever you visit the Property, along with the time of the visit and
the activity on the Property. We and our service providers use IP addresses for
purposes such as calculating Property usage levels, helping diagnose server
problems, administering the Properties and determining your approximate
geographic location.
Using cookies: We and our service providers may use cookies, pixel tags, web
beacons, Adobe Flash technology (including Flash Local Stored Objects (“Flash
LSOs”)) and other similar technologies to, among other things, better serve you with
more tailored information for our products and services, and for those of third
parties, facilitate your ongoing access to and use of the Properties, and collect and
store information about your use of the Properties. For example, pixel tags and web
beacons may be used in connection with a Property to, among other things, track
the actions of such Property’s users, measure the success of marketing campaigns
and compile statistics about such Property’s usage and response rates.
o If you do not want information collected through the use of cookies, there is a
simple procedure on most devices through which the Properties are accessed
that allows you to decline the use of cookies. To learn more about cookies,
please visit If you choose to decline cookies,
then some or all of the features, functionality and promotions available through
the Properties may not be available to you.
o If your device stores Flash LSOs, and if you do not want Flash LSOs stored on
your device through which you access the Properties, you can adjust the settings
of your Flash player to block Flash LSO storage using the tools contained using
the Website Storage Settings Panel. You can also control Flash LSOs by going
to the Global Storage Settings Panel and following the instructions (which may
include instructions that explain, for example, how to delete existing Flash LSOs
(referred to as “information” on the Macromedia site), how to prevent Flash LSOs
from being placed on your device without you being asked, and (for Flash Player
8 and later) how to block Flash LSOs that are not being delivered by the operator
of the page you are on at the time). Please note that setting the Flash Player to
restrict or limit acceptance of Flash LSOs may reduce or impede the functionality
of some Flash applications, including, potentially, Flash applications used in
connection with the Properties or our content. We expect our service providers
and technology suppliers to honor any decision by you to restrict or limit Flash
LSOs, but we cannot guarantee that they will do so.
o The use of these technologies allows our vendors, and third parties and their
vendors, to deliver advertisements about our products and services, and the
products and services of others, when you use the Properties or other
applications or visit websites or web properties across the Internet on any of your
devices. These parties may place so-called “pixel tags,” “web beacons,” “clear
GIFs” or similar technologies on the device through which you access the
Properties, and other applications or websites across the Internet, and also place
or recognize third-party cookies when you use the Properties, or other
applications, websites or web properties. They may also use these technologies,
along with information they collect about your online use, to recognize you
across the devices you use, such as a mobile device and a laptop. These
vendors and third parties may use information about your visits, on the different
devices you use, to the Properties, and other applications, websites or web
properties (excluding your name, address, and telephone number), as well as
information received from third parties, to provide advertisements for us and
others about goods and services that may be of interest to you. If you would like
more information about this practice, please visit the Network Advertising
Initiative at or the Digital Advertising Alliance
at You may also visit those sites to opt out of these
advertising practices in desktop and mobile browsers on the particular device on
which you are accessing this Privacy Policy.
o Our Properties do not respond to browser-based do-not-track signals.
Geographic location information: If you use any location-enabled products or
services, you may be sending us location information. When you use a location-
enabled service, we may collect and process information about your precise
geographical location, such as GPS signals sent by a mobile device. We and our
third party service providers and partners may use your device’s physical location to
provide you with personalized location-based services, content and advertisements.
In some instances, you may be permitted to allow or deny such uses of your
device’s location, but if you choose to deny such uses, we may not be able to
provide you with the applicable personalized services and content.
From you: We may collect demographic information, such as your zip code or
gender, as well as other information, such as your preferred means of
communication, when you voluntarily provide this information to us. This information
does not necessarily personally identify you or any other user of the Properties,
unless further information is added to it that would allow identification to take place.
In such case, the information will be treated as Personal Information.
Information about how you interact on the Properties: We may collect
information about how you interact on the Properties. For example, some Properties
may utilize analytic tools to help us better serve you through improved products,
services, and revisions to the Properties. This collected information may let us know
which services and features you are using the most within a Property, as well as
device type and hardware features, country and language of download, etc.
By aggregating information: We may aggregate Personal Information so that the
end-product does not personally identify you or any other user of the Properties, for
example, by using Personal Information to calculate the percentage of our users
who like a particular artist.
How We May Use and Disclose Other Information
Please note that we may use and disclose Other Information for any purpose, except
where we are required to do otherwise under applicable law. If we are required to treat
Other Information as Personal Information under applicable law, then we may use it as
described in “How We May Collect Other Information” section above, as well as for all
the purposes for which we use and disclose Personal Information. In some instances,
we may combine Other Information with Personal Information (such as combining your
name with your geographical location). If we combine any Other Information with
Personal Information, the combined information will be treated by us as Personal
Information as long as it is combined.
We will use reasonable physical, technical and administrative measures to protect
Personal Information under our control. If you have reason to believe that your
interaction with us is no longer secure, please notify us immediately in accordance with
the “Contacting Us” section below.
Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of Personal Information
about you for marketing purposes.
You may opt-out from the following as set forth below:
Receiving marketing-related emails from us and our affiliates: If you do not
want to receive marketing-related emails from us and our affiliates on a going-
forward basis, you may opt-out from receiving such emails either by using the
unsubscribe mechanism provided in the email.
Receiving marketing-related SMS text messages from us and our affiliates: If
you do not want to receive marketing-related SMS text messages from us and our
affiliates on a going-forward basis, you may opt-out from receiving such messages
by texting back “STOP”.
Our sharing of your Personal Information with artists or unaffiliated third
parties for their marketing purposes: If you prefer that we not share your
Personal Information on a going-forward basis with artists or unaffiliated third parties
for their marketing purposes, you may opt-out from such sharing by emailing us
In each case, please make clear in your email what you are opting-out from. We will
comply with your request(s) as soon as reasonably practicable. Please note that, if you
do opt-out from receiving marketing-related messages from us, we may still send
administrative messages to you.
How you can access, change or delete your Personal Information
If you would like to access, review, correct, update, suppress, restrict or delete Personal
Information that you previously provided to us, if you would like to object to our use of
your Personal Information, or if you would like to request to receive an electronic copy
of your Personal Information for purposes of transmitting it to another company (to the
extent this right to data portability is provided to you by applicable law), you may contact
us at: will respond to your request consistent with applicable law.
In your request, please make clear what Personal Information you would like to have
changed, whether you would like to have your Personal Information suppressed from
our database or otherwise let us know what limitations you would like to put on our use
of your Personal Information. For your protection, we may only implement requests with
respect to the Personal Information associated with the particular email address that
you use to send us your request, and we may need to verify your identity before
implementing your request. We will try to comply with your request as soon as
reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes
and/or to complete any transactions that you began prior to requesting a change or
deletion (e.g., when you make a purchase or enter a promotion, you may not be able to
change or delete the Personal Information provided until after the completion of such
purchase or promotion).
Where our collection and use of Personal Information is based on your consent, you
may withdraw such consent at any time by emailing us at, and such
withdrawal will not affect the lawfulness of processing based on consent before your
Cross-Border Transfer
The Properties are controlled and operated from the United States; accordingly, this
Privacy Policy, and our collection, use and disclosure of your Personal Information, is
governed by the laws of the United States, and the Properties are not intended to
subject Company or any of its affiliates to the laws or jurisdiction of any state, country or
territory other than that of the United States. Your Personal Information may be stored
and processed in any country where we have facilities or in which we engage service
providers, and by using the Properties you understand that your information will be
transferred to countries outside of your country of residence, including the United
States, which may have data protection rules that are different from those of your
If you are located in the EEA: Some of the non-EEA countries are recognized by the
European Commission as providing an adequate level of data protection according to
EEA standards (the full list of these countries is available here). For transfers from the
EEA to countries not considered adequate by the European Commission, we have put
in place adequate measures, such as standard contractual clauses adopted by the
European Commission regarding Personal Information. You may obtain a copy of these
measures by contacting
The Properties are not directed to individuals under the age of thirteen (13), and we
request that such individuals do not provide Personal Information through the
We may change this Privacy Policy at any time. Please take a look at the “LAST
UPDATED” legend at the top of this page to see when this Privacy Policy was last
revised. Any changes to this Privacy Policy will become effective when we make the
revised Privacy Policy available on or through a Property.
EMPIRE Distribution, Inc., located at 235 Pine St., San Francisco, CA 94104, is the
company responsible for collection, use and disclosure of your Personal Information
under this Privacy Policy.
If you have any questions or concerns about this Privacy Policy or our data processing
practices, please contact us by email at Alternatively, if you are located
within the EU/EEA, you may also lodge a complaint with a data protection authority for
your country or region, or where an alleged infringement of applicable data protection
law occurs. A list of data protection authorities is available here.
We are located at the following address:
EMPIRE Distribution, Inc.
Legal Department
235 Pine St.
San Francisco, CA 94104
Attn: Legal Department
Please note that email communications are not always secure, so please do not include
credit card information or other sensitive information in your email messages to us.