OpenGlobe Privacy Policy

(Effective: 10/08/01) OpenGlobe, Inc.® is committed to providing you with products and services that you enjoy and are confident in using. We recognize and respect each individual user's privacy and have created this Privacy Policy to demonstrate our commitment to your privacy. We want you to be fully informed about the information that we collect, why we collect it, and with whom we share it. It is our hope that, after reading this notice, you will understand our commitment to privacy and be confident that we will use your information responsibly. By using an OpenGlobe enabled product(s) manufactured and branded by one of OpenGlobe's consumer electronics partners (manufacturer) or OpenGlobe's services, you are accepting the practices described in this Privacy Policy. What information do we collect? Required, Non-Personally Identifiable Information: The Products give you access to OpenGlobe Entertainment Services. In order to utilize the services, you are required to provide your zip code and your Internet configuration information. This information allows your Product to connect to the services and allows OpenGlobe to tailor its services to your location. You are not required to provide any other information in order to register to use the services. Optional, Non-Personally Identifiable Information: OpenGlobe may ask you to provide optional demographic information about yourself including your age bracket, your gender, and so on. We may request this information so we can make the information we provide to you more useful. Automatically Collected, Non-Personally Identifiable Information: 1) Unique System ID: The Manufacturer embeds a unique identifier ("ID") in your Product. This ID is transmitted to OpenGlobe during the initial setup process. The ID enables the Manufacturer to easily identify your unit if you make a service call and it allows OpenGlobe to provide you with relevant services without utilizing your Personally Identifiable Information. 2) Service Information: OpenGlobe tracks system configuration information, such as the serial number of your system, the software version running on your system and the types of peripherals that have been attached, and we track diagnostic information, such as hard disk status, so that the Manufacturer and OpenGlobe can provide you with effective customer support (collectively, this information is referred to as "Service Information"). Service Information is matched to the Unique System ID number which is associated with your Product. This Service Information may be transmitted to OpenGlobe and the Manufacturer's servers as frequently as nightly. 3) Usage Information: OpenGlobe gathers information while the system is in use and transfers the information to OpenGlobe's servers as frequently as nightly. The usage information may include, but is not limited to, the genres and titles of media played on the system, what is played most frequently, how often music is purchased, which ads are of interest, and how often the Product is used. Usage Information is not linked or matched to Personally Identifiable Information. Optional, Personally Identifiable Information: If you enable CE-Commerce® (defined below), OpenGlobe will collect your name, address, credit card information, and phone number. If you choose to provide Personally Identifiable Information, you are consenting to the use of that information in accordance with the terms of this Privacy policy. You may delete any Personally Identifiable Information at any time by following the steps noted below. Such information may be stored on OpenGlobe's servers or the servers of our third party providers. Credit Card information is encrypted and transmitted securely during transactions. Please read our security statement below to understand the care we take to insure that your Personally Identifiable Information is secure. Personally Identifiably Information will not be matched or linked with Usage Information. If you sign up for an Internet Service Provider (ISP) through our software or via a phone number provided in our software, you may be asked to provide information to the ISP in order to establish a new account. All information provided to an ISP is subject to the terms of their respective privacy policy. Such information is not collected or retained by OpenGlobe. How do we use the information we collect? OpenGlobe provides you with a number of helpful services, such as music and movie disc recognition and management, simplified on-line purchasing, AM/FM radio station identification, and an Internet Radio Station finder. These free services are meant to enhance your entertainment experience and provide you with information that you will find useful. These services are facilitated through the collection of information as described below. OpenGlobe will not sell, rent or share your Personally Identifiable Information to or with any unaffiliated third party unless we have previously informed you in disclosures or agreements and have been authorized by you, or are required to by law. Configuration, Service, and Support: 1) System Configuration: OpenGlobe requires your zip code so that we can properly set and maintain your system's time clock and so that we can provide you with information that is relevant to your region. OpenGlobe requires your Internet configuration information, which may include username and password, in order to establish a connection to the OpenGlobe services. We may prompt you periodically to update or revise this information in order to insure that your system is configured properly. 2) Customer Service and Support: When you call for product support, the Manufacturer may request your serial number. The Manufacturer and OpenGlobe may utilize your Serial Number, Service Information, and Unique System ID to provide you with superior service. The Unique System ID lets us quickly identify the type of product that you own, when it was built and where it was purchased. 3) Software Updates: OpenGlobe will occasionally provide software updates, as needed to your system during regular connections to our service. These software updates will require no action on your part and will provide you with new features, services, or fixes for problems that we may find. These updates utilize your System Information and Unique System ID but not your Personally Identifiable Information. Services and Promotional Uses: OpenGlobe uses Non-Personally Identifiable Information to provide users with optimal services, purchasing opportunities, and relevant promotional messages. Non-Personally Identifiable Information is stored on OpenGlobe's servers, or on the servers of our third party providers, and is compiled along with information from other users to assess common user traits. As we learn more about what users like, we continually strive to improve our service offerings. For example, we analyze the type of music played on the Product most frequently to help make it easy for users to find similar music. The Non-Personally Identifiable Information we collect may allow us to notify users when an artist is in the news, having a concert in the area or is releasing a new album. Although we may share Non-Personally Identifiable Information with our agents, outside vendors or third parties who perform functions on our behalf (such as providing marketing or customer assistance), we do not share your Personally Identifiable Information with any non-affiliated third parties except as provided in this Policy. CE-Commerce®: In order to enable simple on-line ordering of music and other content through OpenGlobe's portal (we call it "CE-Commerce") your name, address, phone number, credit card information and other Personally Identifiable Information may be required. Collectively, this information is utilized only for completing your transaction so that you may purchase goods or services through the OpenGlobe portal at your request and will not be used for any other purposes. This information will not be provided to anyone outside of OpenGlobe (other than our agents, third party merchants, vendors or outside service providers as required to complete the transaction), without your express permission. OpenGlobe maintains a record of this information on its servers for your convenience in making purchases on line. Sharing Non-Personally Identifiable Information: We may share information with third parties which is based on our experiential or other data which does not personally identify any of our users. This may include such information as product or service preferences within certain sectors of our user base for instance. We may share Non-Personally Identifiable Information with our agents, outside vendors or third parties who perform functions on our behalf (such as providing marketing or customer assistance). Child Privacy: OpenGlobe respects the privacy of children and will therefore not knowingly collect or retain Personally Identifiable Information for users under 18 years old, without the consent of the child's parent or legal guardian. By using our services, you are representing that you are an adult (at least 18 years of age) or have the permission from a parent or legal guardian to use our service. We encourage parents or guardians to monitor the use of this device by children to insure that they are not exposed to material that the parent or guardian may find objectionable. We also provide parental control capabilities within the software to assist parents in their efforts to provide family oriented entertainment. Legal Process: If we receive a subpoena or similar legal process demanding release of any information about you, we will generally attempt to notify you (unless we believe we are prohibited from doing so). Except as required by law or as described above, we do not share information with other parties, including government agencies. We will release customer information, including Personally Identifiable Information, if required or permitted to do so by law, to comply with legal processes served on us or in the good-faith belief that such action is required or appropriate to protect and defend the rights, property or safety of OpenGlobe, our customers, or the public. This includes, but is not limited to, providing information required for fraud protection and credit risk reduction. Who has access to the information? OpenGlobe collects and has access to your Non-Personally Identifiable Information and to any Personally Identifiable Information that you choose to provide. We will never provide your Personally Identifiable Information to any third party without your express permission, except as otherwise provided in this Privacy Policy. Non-Personally Identifiable Information may be provided to the Manufacturer and to third parties, including, without limitation, advertisers, at our discretion for the purpose of improving the services provided to you. Occasionally, we may offer you a new service in conjunction with a third party. In some cases, the third party may require access to Personally Identifiable Information prior to enabling the service. In this event, you will always be informed of the information to be shared and you will always be given the opportunity to accept or decline the new service. If you accept this service, then your acceptance will be considered your consent for us to provide to the third party your Personally Identifiable Information for the new service. Our software may contain buttons, hyperlinks, or phone numbers that provide access to other parties not affiliated with OpenGlobe ("External Parties"), or to informational content provided by External Parties. OpenGlobe is not liable for and does not make any representations or warranties concerning any informational content, products, services, software, or other materials available from such External Parties, nor is OpenGlobe responsible for the privacy practices or the content of External Parties. For your protection, please refer to the terms of service and privacy policies of the respective External Parties. Please be aware that in the event that OpenGlobe or all, or substantially all, of its assets are acquired by a third party, all Non-Personally Identifiable Information and Personally Identifiable Information collected by OpenGlobe may be transferred to such third party, provided that such third party agrees to be bound to the terms of this Privacy Policy. Security We have taken reasonable measures to prevent the loss or misuse of the information that you provide to us, including, but not limited to, your Personally Identifiable Information. We use industry standard security technology designed to insure that your Personally Identifiable Information is protected. All Personally Identifiable Information that you provide is encrypted and then transmitted to OpenGlobe's servers using SSL (Secure Socket Layers, a Web encryption standard). OpenGlobe, unless otherwise authorized, limits access to Personally Identifiable Information to those employees who have a legitimate business need for such information. While we take reasonable measures to prevent the loss or misuse of the information that you provide to us, including but not limited to, your Personally Identifiable Information, due to factors beyond our control, we do not guarantee that your Personally Identifiable Information or any other information collected by us will be completely secure from misappropriation by hackers or other third parties or form other criminal activities. Updating your personally identifiable information You may update your Personally Identifiable Information at any time by contacting us using the contact information provided below and providing us with the updated information. Also, if you ever wish to access your Personally Identifiable Information, or wish to have your Personally Identifiable Information deleted, please contact us using the contact information provided below. Viewing this privacy policy and our contact information This Privacy Policy can be reviewed at any time in the future from the Setup menu which is accessed by pressing the Setup key on your remote control or IR keyboard. If you have any questions about this Privacy Policy, or if you believe that we have not adhered to this Privacy Policy, please contact OpenGlobe at privacy@OpenGlobe.net or write to: OpenGlobe, Inc. Attn: Privacy Policy 6325 Digital Way Indianapolis IN 46278 We welcome your questions and comments. Changes to this privacy policy We reserve the right to modify this Privacy Policy as needed over time. If we do make any such modifications, the changes will be available in this document for your review. Except as otherwise provided in this Privacy Policy, no changes to this Privacy Policy will ever be made that allow us to share your Personally Identifiable Information without first receiving your express permission. You should check this Privacy Policy periodically for updates and changes. OpenGlobe and CE-commerce are trademarks of OpenGlobe, Inc. All other trademarks are the property of their respective owners.