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Our Privacy Policy

Effective December 2, 2009

About MOG, Inc.

MOG is a service and system and software that allows our members to set up unique personal profiles that can be linked together through networks of friends. Via All Access, our new streaming music service ("All Access", or the "Service"), MOG allows you to discover and listen to music (online and off-). MOG members can view each others' profiles, listen and discover music, communicate with old friends and meet new friends, share photos, post journals and comments, and describe their interests. To enrich our members' experience, we request and display personal information to other members and visitors, which allows our users to identify each other and expand their network of friends. MOG utilizes and sometimes shares with certain content providers and partners anonymous data in aggregate form relating to the overall listening choices and habits of our MOG members. MOG members create their profiles, and have the ability to change their profile information at any time. They also have the ability to control how other members and the service communicate with them.

MOG cares deeply about online privacy. If you have any questions concerning this Privacy Policy or about MOG’s views on Privacy with regard to our Products and Services, please email us at privacy@mog.com.

MOG collects personal information to improve the manner by which we operate and offer our products and services, communicate with you about those products and services, and provide effective, timely customer support when needed. We will never rent or sell any personally-identifiable information we collect from you to third parties, and will not share your personally identifiable information with third parties without your consent, unless such sharing is necessary for the purposes set forth in this Privacy Policy.

Information Collection and Use by MOG

MOG collects information submitted by its users, such as name, email address, and age, to authenticate users and to send them notifications relating to the MOG service. MOG also collects other profile and preference data, including but not limited to, personal interests, gender, age, education and occupation, in order to assist users to find and communicate with each other.

MOG also logs non-personally-identifiable information including IP address, general profile information, aggregate user data, and browser type, from users and visitors to the MOG site(s) (including the All Access Service). This data is used to manage the website, track usage and improve the website services, among other things. This non-personally-identifiable information may be shared with third-parties (including MOG content provider partners) to provide services (including All Access) and advertisements to members. User IP addresses, zip codes, and other geographic location information are recorded for security and monitoring and other benign purposes. MOG collects information concerning software you have downloaded from MOG, products and content purchased, accessed, downloaded and/or streamed through MOG products or services (including, in the case of music products, tracks streamed, purchased or saved in libraries or playlists, or shared with others).

When you download and install MOG-O-MATIC, it may automatically assign to you a MOG unique identifier ("MUID") that is associated with your application. The MUID will never be matched with any personally identifiable information about you and it is not shared with any third parties or partners. The MUID allows us to analyze unique player usage patterns on an anonymous, aggregated basis, among other things. We also do this analysis on All Access use.

MOG uses technology that provides you with music recommendations based on your musical listening habits and with the ability to show others your musical collection and your musical listening habits. MOG-O-MATIC retrieves this contextual information and stores a Title Unique Identifier ("TUID") on your computer. The TUID allows MOG-O-MATIC to retrieve this information efficiently. Data regarding the specific content you are playing is retained until you have removed your MOG account. You have the option to turn this feature off IN MOG-O-MATIC ONLY (not All Access) by right clicking on the MOG icon in your system tray on a PC or via System Preferences on your Mac.

User Profile information including members' pictures and chosen usernames are displayed to users and visitors in order to facilitate interaction in the MOG community. Email addresses are used for the purposes of inviting new friends to join MOG, to add users to members' friends' networks, and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a user's email address is not shared or displayed to people within a user's personal network. Users within a personal network communicate on MOG with each other through the MOG service, without disclosing their email addresses – unless they so chose. Users' full names are never directly revealed by MOG to other members or visitors. To facilitate searching and finding friends and acquaintances on the service, MOG allows users to search for other members using first and last name, and email address. MOG also allows users to connect their MOG account with their Facebook account for the purposes of finding friends on the Service and sharing personal music listening history with user’s friends on Facebook, if she so chooses. We may also use a user's email address to send updates, a newsletter, or news and updates regarding the Service.

From time to time, MOG or a partner, may sponsor a promotion, sweepstake or contest on MOG. In order to participate, users may be asked to provide personal information including name, email address or home address or to answer questions. We may transfer personal information to ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

Invitations and Other Communications to Non-members MOG members can invite friends to join the service by sending invitation emails via our automated invitation system. MOG stores the email addresses that members provide so that the respondents may be added to the referring member’s friend's list, and also to send reminders of the invitations. MOG does not sell these email addresses or use them to send any other communication besides invitations and invitation reminders. Recipients of invitations from MOG may contact MOG to request the removal of their information from our database.

MOG members may also store email addresses of people they know in their internal MOG address book and may also choose to send invitations and other communications to those addresses.

MOG uses your personal information to:

  • Deliver to you and bill you for MOG products and services, and communicate with you concerning your account and customer service issues. This may include verifying authorization of credit card usage before any purchase of premium content or services (e.g., for the purposes of access to a free trial or to All Access);
  • Verify access rights to premium content or other access-restricted services and software, including for the purpose of supporting digital rights management software;
  • Improve our software and services by providing personalized content recommendations, language and location customization, and/or personalized help and instructions;
  • Determine if you meet the minimum system requirements to use our products, and provide information concerning compatibility and interoperability to you;
  • Track content accesses, downloads and streams for the purpose of paying royalties and license fees to third-party providers, such as record labels and other copyright holders and content distributors and partners;
  • Ask you to participate in surveys about products, services, news and events;
  • Offer you product upgrades, content, services and games for you to purchase;
  • Provide you with content, services, instructions, and a more personalized experience based on personal information, such as your language preferences, zip/postal code, country locations, and any content or other preferences you provide;
  • Auto-update downloaded MOG products;
  • Provide you with news, free newsletters, updates, targeted advertising, promotions, and special offers; and
  • Better understand how our products are used, including Web traffic patterns and what types of content are most popular with users of our products and services.

Use of Cookies

MOG uses cookies in order to provide MOG users with a good MOG experience. MOG stores visitors' preferences and records session Information to prevent visitors from repeatedly being offered the same advertisements and to customize newsletter, advertising, streaming music, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set – each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences—however, you must enable cookies from MOG in order to use most functions on the site. Please note that MOG allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the MOG Privacy Policy.

Links

MOG contains links to sites. MOG is not responsible for the privacy policies and/or practices on other sites. When linking to another site, a user should read the privacy policy stated on that site. Our Privacy Policy only governs information collected on MOG.

Chat Rooms, Journals and WebLogs, Message Boards, Classifieds and Public Forums

Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

Correcting/Updating or Removing Information

MOG users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.

Email Choice/Opt-out

Members who wish to opt out of receiving updates or notifications, including the MOG GAZETTE newsletter, may choose not to by selecting the respective box(es) on the ‘Email Settings’ pane under MySettings in their user profiles.

Third-Party Advertising

Ads appearing on this Web site may be delivered to users by MOG or one of our advertising partners. Our advertising partners may place cookies on your computer. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you.

Security

MOG member accounts are secured by member-created passwords. MOG takes precautions to insure that member account information is kept private. We use commercially reasonable measures to protect member information that is stored within our database. For MOG All Access, we utilize Secure Sockets Layering, an industry-standard protocol for certain of your transmissions to us, in order to encrypt the personal information that you send to us through the registration process or to make updates to your payment information. MOG cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. For any additional information about the security measures we use on MOG, please contact us at privacy@mog.com.

MOG IS NOT "ERROR-FREE"

We sometimes release beta versions of our products, which are further refined before the release to you of the "final" versions. Because these products may still be in a testing phase, we may not always catch an unintended privacy issue, despite our best efforts to do so (we CARE about privacy—a lot!). As such, we welcome comments on any privacy concerns you may have, and on how to improve our products generally, in all stages of release. MOG DOES NOT GUARANTEE error-free performance under this Privacy Policy. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with our Privacy Policy. MOG shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy. This Privacy Policy shall be governed by the laws of the United States.

Sharing and Disclosure of Information MOG Collects

In some cases, access to certain products and services, such as content subscription products like All Access or other content from third parties, may require the provision of anonymous information to a third party, such as a content provider or distributor. The third party's use of such information is governed by that party's privacy policy, and MOG’s use thereof is governed by this Privacy Policy. If you care to, please visit the privacy policy of the content partner to make sure you understand how they use the information provided to them. If you do not wish for such a transfer to take place, you should not register for the applicable product or service. Additionally, MOG may be required to provide specific anonymous access and usage information to certain content providers and rights holders as a condition of content licensing and royalties.

Except as otherwise described in this privacy statement, MOG will not disclose personal information to any third-party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process, whether or not a response is required by applicable law; (2) to enforce the MOG Terms of Use and End-User License Agreements; (3) to protect the safety, security and livelihood of members of the public and users of the service, or (4) to protect and defend the rights or property of MOG and its content providers. MOG reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of MOG or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below.

Changes in Our Privacy Policy

From time to time we may make changes to our Privacy Policy. If we make changes, we will post them on our site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. You will be bound by any non-material changes to the Privacy Policy when you use the site after those changes have been posted and/or otherwise communicated to you. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection, we will notify you by posting a notice on our Web site for 30 days prior to making such change.

Contacting the Web Site

If you have any questions about this Privacy Policy, and statement relating to privacy made by MOG, the practices of MOG site(s) or software or services (including All Access), or your dealings with this Web site (or other MOG users), please contact us at privacy@mog.com.

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