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 legal@empi.re, 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

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

INFORMATION”.

We and our third-party service providers may collect the following Personal Information

from you:

 Name

 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.

 Offline

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

address.

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

Properties.

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

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 legal@empi.re.

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

Information.

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

promotions.

 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

through the Properties. WE ARE NOT RESPONSIBLE FOR THE USE OR

DISCLOSURE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE

THROUGH ANY PROPERTY.

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

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

number.

 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 http://www.allaboutcookies.org/. 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 www.networkadvertising.org or the Digital Advertising Alliance

at www.aboutads.info. 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.

SECURITY

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.

CHOICES AND ACCESS

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

at legal@empi.re.

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: legal@empi.re.We 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 legal@empi.re, and such

withdrawal will not affect the lawfulness of processing based on consent before your

withdrawal.

Cross-Border Transfer

The Properties are controlled and operated from the United States; accordingly, this

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

country.

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 legal@empi.re.

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

Properties.

UPDATES TO THIS PRIVACY POLICY

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.

CONTACTING US

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 legal@empi.re. 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.