Naxos.com
Naxos.com Streaming Service Agreement

Welcome to Naxos.com.

Naxos.com provides an internet-based music streaming service described in clause 3 below ("Service").

Naxos.com is a web site owned by Naxos Digital Services Limited ("we" or "us" or "our").

Before you can access our Service, you must read and accept the terms and conditions of this Agreement. If you register as a subscriber to the Service or you continue to use Naxos.com, you agree to be bound by the terms and conditions of this Agreement.

This Service is for the personal use of users only.

If you do not agree to or cannot comply with any of the terms and conditions of this Agreement, do not attempt to access or use the Service.

1.

Subscription

 

When you subscribe to our Service, we grant you a non-exclusive right, limited in time, to use the Service on the terms and conditions of this Agreement.

2.

Term

 

Your right to use the Service comes into effect upon your payment of the subscription fee and continues until terminated pursuant to the terms and conditions of this Agreement.

3.

Description of Service

3.1

The Service provides for digital online streaming of music and other tracks in our catalogues.

3.2

(a)

The Service consists of content and material ("Content") which we allow you to tune into through our system software ("System").

(b)

The Content includes but is not limited to streamed musical tracks, the Naxos.com website and its contents, musical and audio recordings, text, photographs, graphics, art work, button icons, audio and/or visual clips, images, logos, trade marks, manuals and user guides.

(c)

The System includes but is not limited to search and retrieval software and documentation and security strings and passwords.

(d)

When we refer to the Service in this Agreement, we mean the Content and the System, individually and collectively.

3.3

From time to time, we may update the Service.

3.4

There is no limit to what you may stream from our Service while your subscription is current.

3.5

Once you have registered with us and you have paid the subscription fee, we let you tune into the Content.

3.6

The Service will only work with the streaming player or players specified from time to time by Naxos.com

3.7

You are responsible for any hardware, systems and software programs you use and any associated fees and expenses to connect to or use the Internet.

3.8

From time to time, you may need to install certain third party software, enhancements, updates or modifications and related documentation for your continued access to the Service.

3.9

It is up to you if you use the Service and any enhancements or modifications and any software not provided by us. If you do so, your use is at your sole risk and responsibility.

3.10

We may count the number of times that you stream each musical track for royalty accounting and analysis purposes.

4.

Use

4.1

The rights granted by this Agreement are personal to you.

4.2

The Service is only for your personal, non-commercial use and only for streaming of musical and other tracks from our catalogues online.

4.3

We consider you are using the Service under this Agreement regardless of whether you use all or only part of the Service.

4.4

You must not nor encourage, allow or suffer any other person to do or attempt any use of the Service for which we have not given permission. Such unauthorised use includes but is not limited to the following:

(a)

Content

(i)

download, burn, copy, capture, reproduce, communicate to the public, publicly perform, record, retransmit, stream, distribute or broadcast the Content by any means or in any form;

(ii)

transfer, loan, rent, sell, lease, sub-licence and otherwise parting with possession or dealing with the Content to another person or body; or

(iii)

alter, change, remove or obscure any notices or other indications (including copyright or trademark notices) as to the ownership of the Service;

(b)

System

(i)

alter, modify, reverse engineer, decompile, disseminate or disassemble the System for any purpose whatsoever;

(ii)

alter, change, remove or obscure any notices or other indications (including copyright or trademark notices) as to the ownership of the Service;

(iii)

use the System to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way;

(iv)

spamming or of a "spamming" nature;

(v)

interfere with or disrupt the System or any networks connected to or by the System;

(vi)

use all or part of the System to construct any kind of database; or

(vii)

without limiting the generality of the foregoing, distribute or otherwise make the Service available over any network, including a local area network; and

(c)

exploit the Service for commercial purposes without our express prior written consent.

4.5

Because the Service is designed for personal use, you are not allowed to use any automated system for the selection or streaming of files of the Service.

4.6

You will notify us immediately if you become aware of any breach of this Agreement. You agree to provide us with all necessary assistance in any action we may take in response to any breach.

5.

Registration & Security

5.1

To use the Service, you must register to set up a subscription account with us. During registration, you must provide us with certain personal information, including your name and a current address and other Registration Data as requested on the Service's web site.

5.2

You agree to provide us with Registration Data which is accurate and up to date.

5.3

We will use your Registration Data in accordance with our privacy policy which is set out below.

5.4

You may not:

(a)

allow others to use your subscriber name, password or subscription account;

(b)

reveal your password to any of our representatives or agents;

(c)

use a subscriber name of another person with the intent to impersonate that person; or

(d)

use a subscriber name in which another person has rights without such person's authorisation.

Failure to comply with the above is a breach of this Agreement and may result in the immediate termination of your subscription account.

5.5

You are solely responsible for maintaining the confidentiality and security of your subscription account.

5.6

You must notify our Customer Service department at customer.service@naxos.com of any known or suspected unauthorised use(s) of your subscription account or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information.

5.7

You are responsible for all usage or activity on your subscription account. Any fraudulent, abusive, or otherwise unlawful activity may be grounds for termination of your subscription account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

5.8

We are not responsible for any losses arising out of the unauthorised use of your subscription account, password or credit card information (even if you have not knowingly disclosed it to another person) and you agree to indemnify and hold us, our partners, subsidiaries, agents, representatives, employees, contractors and licensors, as applicable, harmless for any improper, unauthorised or unlawful use of your subscription account, password or credit card details.

6.

Subscription Fee

6.1

We charge you a subscription fee to access parts of the Service or the Service as a whole.

6.2

Our fee is posted in the Customer Service section or in other appropriate locations on the Service web site.

6.3

Our fees are exclusive of, and you must pay, any taxes, duties or impost that may be imposed by a governmental body.

6.4

You may elect to provide us with details of your credit card to which we will charge your subscription fee and any other charges incurred in your use of the Service.

 

 

6.5

We may change our fee at any time. Any changes are posted in the Customer Service section or in other appropriate locations at Naxos.com. Any change to our annual subscription fee applies from your next due date for payment.

6.6

If you do not accept any change to our fee, you should cancel your subscription account immediately.

6.7

You must pay the fee incurred at the rate in effect for the billing period in which such fee is incurred, including. The fee is billed to you, or at your election charged to your credit card, and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

6.8

You expressly agree that we are not liable to refund the full amount or any part of fees, charges and taxes paid by you for any reason whatsoever.

7.

Termination

7.1

You may cancel your subscription account for any reason at any time by delivering a notice by email to our Customer Service Department at customer.service@naxos.com.

7.2

If you cancel your subscription account, we will not refund any remaining portion of your annual subscription fee or any other charges or taxes paid by you. Cancellation will take effect at the end of the billing period in which you deliver notice to us.

7.3

You are responsible for all charges incurred, if any, up to the time we cancel your subscription account.

7.4

We may terminate your subscription account for any reason at any time.

7.5

If you or we cancel your subscription account, you must immediately cease all use of and access to the Service and delete, erase and otherwise remove all copies of the Service from all equipment into which you have loaded or installed the Service.

7.6

If we terminate this Agreement, we will:

(a)

refund the pro-rata unused balance of the subscription money you have paid us;

(b)

recover from you any money which you owe us; and

(c)

be regarded as discharged from any further obligations under this Agreement.

7.7

Clauses 4, 6 and 8 to 10 inclusive of this Agreement survive the cancellation of your subscription account.

7.8

You understand and agree that your cancellation of your subscription account is your sole right and remedy with respect to any dispute with us.

8.

Title, Interest & Intellectual Property Rights

8.1

This Agreement does not give you any intellectual property rights in the Service nor does it make you the owner of the Service and nor does it transfer or assign to you any right, title, interest or other proprietary rights in the Service.

8.2

We, and our licensors, retain exclusive ownership of the Service and all intellectual property rights associated with it. We reserve all rights not expressly granted by this Agreement.

8.3

The contents of the Service are protected by copyright (including as a collective work and/or compilation) under the laws of Hong Kong and other countries and international conventions and are owned or controlled by us, our affiliates or the party credited as the provider of the content. All individual musical or other tracks are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service.

8.4

We have designed the Service for its presentation in a unique format and appearance to our users. We are concerned about the integrity of the Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorised to be displayed with the Service. Without limiting the provisions of clause 8.3, neither you nor any third party shall make use of the Service in any manner that constitutes an infringement of our intellectual property rights, including but not limited to framing, deep linking, downloading or establishing unauthorized links to any part of the Service on your or any third party's Web site.

8.5

You have no rights to the System or any enhancements or modifications to it. You may not sub-licence, assign or transfer any rights granted by us, and any attempt at such sub-licence, assignment or transfer is null and void.

8.6

We respect the intellectual property rights of others and we expect you to do the same. You are liable for any breach by you of copyright.

8.7

You must promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Service or intellectual property rights thereto.

8.8

The Service contains proprietary information that is protected by intellectual property laws and international treaty provisions. We expressly disclaim any and all responsibility or liability for any action by you that is contrary to such law(s) and reserve the right to terminate your subscription account immediately for your failure to comply with any such laws.

8.9

In this Agreement, intellectual property includes the full benefit of any rights in any copyright, patent, trademark, registered design, trade and business names, agreements, inventions, trade secrets, discoveries and improvements, computer programs, confidential processes, confidential information and know-how and includes without limitation any artistic work, images, photographs, animations, video, audio, music, text, recordings and programming and any adaptation of it or concept relating to it.

9.

Access, Links and Availability and Modification of Service

9.1

The Service contains links to other related World Wide Web Internet sites, resources, and our sponsors. We do not own, control, review or operate these outside resources and are not responsible for their availability or content or any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding any external link to the site administrator or Webmaster of such external sites

 

9.2

We and/or our business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Service are solely between you and such third-party. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

 

9.3

We may at any time and from time to time modify or discontinue, temporarily or permanently, the Service with or without notice.

 

9.4

Due to contractual or other limitations, from time to time, some musical or other tracks available on the Service may no longer be available. We may modify or discontinue, temporarily or permanently, the programming on the Service or the manner in which the Service is presented at any time without notice.

 

10.

Exclusions and Limitation of Liability

10.1

To the maximum extent permitted by law, we exclude from this Agreement all warranties, representations, statements, terms and conditions expressed or implied by law. Our Service is available to you "as is" and you assume the entire risk as to its quality and performance.

10.2

Any musical tracks or other material streamed or otherwise obtained through the use of the Service is at your sole discretion, risk and responsibility.

10.3

We make no warranty that:

(a)

the Service meets your requirements;

(b)

the Service can run on your personal computer;

(c)

the results obtained from your use of the Service are reliable; and

(d)

the quality or delivery of the Service meets your expectations.

10.4

We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions or interruptions in the information, e-commerce product offerings or other materials available through the Service. We are not responsible for the availability, information or services of other third-party providers, online merchants or advertisers that may be linked to or posted within the Service.

10.5

We reserve the right to correct any errors or omissions in the Service. Although we take reasonable steps to prevent the introduction of viruses, worms, trojan horses or other destructive materials to the Service, we do not guarantee or warrant that the Service does not contain such destructive features. If you rely on the Service and any materials available through the Service, you do so solely at your own risk.

10.6

In no event are we or our officers, directors, shareholders, employees, representatives, parents, subsidiaries, affiliates, agents or licensors liable under or in relation to this Agreement for any incidental, indirect, special, economic, consequential, punitive or exemplary loss or damage of any kind or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by you whether caused by negligence or otherwise or whether or not we were aware or should have been aware of the possibility of such loss or damage. This includes but is not limited to the transmission of any computer viruses or anything else that may interfere with or damage the operation of your computer systems, any error, omissions, interruptions or other inaccuracies in the Service (including without limitation as a result of breach of any warranty or other term of this Agreement) and any modification, malfunction, suspension, discontinuance of or interruption to or of the Service.

10.7

If the laws of your location do not allow us to exclude our liability for breach of conditions or warranties expressed or implied by law, but allows limitation, our liability is, at our election, limited to, the supplying of the services again or the payment of the cost of having the services supplied again.

10.8

In some cases, the laws of your location may apply to your online dealings with us and you may have additional legal rights. We always recommend that you should seek local law advice if you have a complaint about us, however, we suggest that you speak to us first - that way you can see if we can resolve any complaint you may have.

10.9

Notwithstanding anything else in this clause 10, our maximum aggregate liability under or relating to this Agreement in any 12 month period, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis is limited to the pro rated annual subscription fee paid by you during that 12 month period.

11.

Force Majeure

11.1

We will not be in breach or default of any obligation, agreement, covenant (whether express or implied) by reason of any circumstance beyond our reasonable control including any act of nature, industrial dispute, act of governmental or other authority.

11.2

We shall notify you as soon as practicable of any anticipated delay due to force majeure. The performance of our obligations under this Agreement will be suspended for the period of the delay due to force majeure.

11.3

Your obligation to pay the annual subscription fee is not affected by this clause 11.

12.

Notice

12.1

We may from time to time modify these terms and conditions or any feature of the Service. Such modification shall be effective immediately upon either posting of the modified terms and conditions or feature at https://www.Naxos.com, as the case may be, or notifying you by email.

12.2

You agree to review this Agreement periodically to ensure that you are aware of any modifications. You are deemed to have accepted this Agreement as modified if you continue to use or access the Service after the modifications are posted.

13.

Privacy

13.1

From time to time, we (or our owners and assigns) may provide you with information about our products and services unless you indicate otherwise at registration.

13.2

We may send you electronic mail for the purpose of informing you of changes or additions to the Service.

13.3

We reserve the right to gather and use information about your usage and demographics and agree to maintain the privacy of your data in accordance with our Privacy Policy, the European Data Protection Legislation and the Personal Data (Privacy) Ordinance of Hong Kong SAR.

14.

General

14.1

You may not assign any of your respective rights or obligations under this Agreement without our written consent.

14.2

Any time or indulgence or any waiver by us of any terms or conditions of this Agreement shall not affect any of our other rights under this Agreement nor shall it at the same time be deemed a waiver by us of any other terms or conditions of this Agreement or subsequent breach of such term or condition.

14.3

This Agreement constitutes your entire agreement with us. Any prior arrangements, agreements, representations or undertakings are superseded. This Agreement may not be changed, altered or modified unless done so by written instrument signed by you and us.

14.4

If any of the terms and conditions or provisions of this Agreement are determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

14.5

This Agreement is governed by and construed in accordance with the laws of Hong Kong SAR and you agree to submit to the jurisdiction of the Courts of Hong Kong SAR.

14.6

Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture or relationship of principal and agent or any other fiduciary relationship between us.

14.7

Subject to any provision to the contrary, this Agreement applies to the benefit of and is binding upon you and your successors, trustees, permitted assigns or receiver and does not apply to the benefit of any other person.

14.8

In entering into this Agreement, you have not relied upon any warranty or representation in relation to our Service or us which is not expressly set out in this Agreement and you have relied entirely on your own enquiries in relation to our Service and us.

15.

Interpretation

 

In this Agreement unless otherwise indicated by the context:

(i)

"receiver" includes any third party having control of your property for the purposes of enforcing a security or charge;

(ii)

a reference to a party to a document includes that party's successors and permitted assigns;

(iii)

"including" and other similar words are not words of limitation;

(iv)

an agreement, deed, covenant, representation or warranty on the part of two or more persons binds them jointly and severally; and

(v)

general words following words describing a particular class or category are not restricted to that class or category.

You represent that you have read and agree to be bound by this Agreement and our Privacy Policy.

© 2004 Naxos Digital Services Limited


Privacy Policy

Updated as of 24 May 2018.

Our business is built on the trust and confidence you place in us. Naxos Digital Services Limited ("Naxos") respects your privacy and we are committed to safeguarding and protecting any data we collect about you. This Privacy Policy describes the practices that Naxos follows with respect to the privacy of the visitors to Naxos.com (the "Naxos websites" or "our websites"), the type of information collected on the Naxos websites, how we will use it and the rights you have in relation to it.

          1.     Data Protection Legislation

We observe the Data Protection Principles of the Personal Data (Privacy) Ordinance of Hong Kong SAR (the "Hong Kong requirements"). In addition, we adhere to the European Data Protection Legislation as described below to the extent it applies to the Personal Data we process about you.

For the purpose of this Privacy Policy, "European Data Protection Legislation" means all applicable legislation relating to data protection, including the EU General Data Protection Regulation 2016/679 ("GDPR") and all legislation implementing or made under or pursuant to or replacing or superseding the GDPR. Where this Privacy Policy uses terms which are defined in the GDPR, then the definitions set out in the GDPR will apply.

"Personal Data" is data relating to you from which you can be reasonably identified. Examples of Personal Data include your full name, postal address, email address and telephone number. Naxos recognises that your Personal Data is valuable and processes your information in accordance with the Hong Kong requirements and European Data Protection Legislation.

          2.     Data controller

Naxos is responsible as data controller for the processing of your Personal Data collected on the Naxos websites under the European Data Protection Legislation and the Hong Kong requirements as applicable.

INFORMATION WE COLLECT

We collect Personal Data to allow us to provide you with services and deliver information on the products and/or services offered by us. We make sure that the Personal Data we collect from you is necessary for and directly related to this purpose.

The Personal Data we collect from you includes your email and postal address, telephone and fax number. Credit card information we collect from you will go directly to our bank and no personnel of Naxos will have access to this data. If you choose to purchase a product from us, our third party payment processors will collect your payment information, and none of our personnel will have access to this data.

When you create an account to register for our services, we may collect Personal Data about you such as your full name, email address, username, password, postal address, contact number, country of residence, and other Personal Data such as your profession, birthday, company, etc.

We collect such Personal Data from you in a number of ways, including:

(a)  directly from you, such as when you enter your personal details on our websites (for example during registration or application for products and services), when you provide information by phone or in documents such as an application form;
(b)  from our affiliated companies;
(c)  from your representatives;
(d)  from sources where you’ve made your information publicly available;
(e)  from credit-reporting and fraud-checking agencies and credit providers for credit related purposes such as credit worthiness, credit rating, credit provision and financing;
(f)  from our own records of your dealings with us; or
(g)  when legally required to do so.

We make sure that the way we collect data from and about you is lawful and fair in your circumstances.

We take all practical steps to ensure that you are informed of what data you are obliged to provide us, what data you may voluntarily provide us and what we may do if you do not provide us with data which you are obliged to provide.

          3.     Information you give us

This is information you give us when you enter your personal details on the Naxos websites (for example during registration or application for products or services) or by contacting us via post, phone, e-mail or otherwise, in the context of your communication with Naxos. We will use your personal information to:

•  identify you;
•  provide services to you;
•  administer and manage those services;
•  provide you with information related to the services offered by us;
•  undertake risk assessment and management; [and]
•  gather data necessary for our organisation's functions including dealings with credit reporting agencies, financial institutions including our own bankers, service providers, our professional advisers and industry groups having a legitimate reason to receive such information;
•  respond to your enquiry or provide you with information that you request from us;
•  consider how your business could support or work with our business;
•  respond to any existing client, supplier or partner of ours in relation to a pre-exiting agreement or relationship;
•  carry out obligations arising from any contracts entered into between you and us; and
•  ensure that content from the Naxos websites is presented in to the most effective manner for you and your computer;

We will, depending on the nature of your communication with Naxos with respect to your visit to the Naxos websites, use your Personal Data to:

If we do not know you or your role at your business: we may use your Personal Data to confirm your identity and/or the business that you work for and potentially your role at that business. We do this because it is in our legitimate interest to make sure that your enquiry is genuine and is not being made for fraudulent reasons or is spam. We may also do this because we may be subject to legal obligations which require us to confirm the details that you provide us with before entering into a relationship with you.

If you are making an enquiry about our services or requesting further information: we will respond to any enquiry you make and/or provide you with information that you request from us because it is in our legitimate interest to use your Personal Data to communicate with you, to respond to your request and to develop the relationship between us. If you submit Personal Data comprising an email address to Naxos, we may send you service related emails (e.g. transactional emails, service and policy updates) because it is in our legitimate interests to keep you informed of your account activities or service changes.

If you are a member of the public and you are making an enquiry about whether you could work for us: we will use your Personal Data to consider and decide how to respond to your enquiry because it is in our legitimate interests to use your Personal Data to consider whether we have any suitable job vacancies and to contact you about them. It may also be necessary for us to use your Personal Data to comply with a legal obligation relating to how we manage our business.

If you are an existing client, supplier or partner of ours and you are making an enquiry about your agreement or relationship with us: we will use your Personal Data to consider and respond to your enquiry in the context of your business with us because it is in our legitimate interests to use your Personal Data to manage your business' relationship with us. It may also be necessary for us to:

i.  use your Personal Data to perform an agreement with your business, where we would be unable to provide those services to or receive them from your business without that information (for example, if a particular service or information is to be provided to you at your business, we would be unable to provide that service or information unless we were able to use your Personal Data for that reason);
ii.  use your Personal Data to comply with a legal obligation relating to how we manage our business relationship with you

If you are making an enquiry about how your business could support or work with our business: we will use your Personal Data to consider and respond to your enquiry in the context of your business because it is in our legitimate interests to use your Personal Data to consider whether it would be beneficial to work with your business.

If you are making an enquiry about Personal Data we may have about you: we will use your Personal Data to check our files and to consider and decide how to respond to your enquiry because it is in our legitimate interests, and in the legitimate interests of our clients, to use your Personal Data to consider how we may have used your Personal Data on behalf of our clients in order to determine how to answer your query. It may also be necessary for us to use your Personal Data to comply with a legal obligation relating to how we manage our business or our relationship with your business.

If you opt-in to receive marketing communications, we will use your Personal Data to contact you to share information about the relevant products, services, news and events. When you enter your contact details for this reason and click "sign up", you will be consenting to us contacting you for these purposes. We will only be able to send you marketing communications if you have provided your consent.

You are entitled to withdraw your consent to us contacting you by emailing Customer.Service@Naxos.com with the subject heading "unsubscribe" for any of the above reasons at any time. Otherwise you may request for your account to be deleted or to cancel your subscription. You may also be asked to review or indicate your preference for receiving email newsletters, including promotional materials, and be reminded to keep your account updated in case any of the initial information you submitted later changes.

If you subsequently decide that you do not want to receive correspondence from us about the service we could provide your business, including communications regarding product information, press releases, newsletters, marketing or promotions, and/or other topics please click the "unsubscribe" link provided in that promotional email message. Withdrawing your consent will not affect our use of the Personal Data prior to your withdrawing that consent but it will mean that we will not be able to contact you about the services we may be able to offer you or your business. However, as long as you maintain an account with us, we may send you informational or service related emails because it is in our legitimate interests to keep you informed of your account activities or service changes.

We will let you know where you must provide us with Personal Data in order to perform an agreement with you or your business or to comply with a legal obligation. If you do not provide us with the Personal Data in these circumstances, we will be unable to respond to your enquiry and/or engage in further communications with you.

          4.     Information we automatically collect about you

When you visit the Naxos websites, we may automatically collect information such as your IP address and browser type using cookies , web beacons and log files. This automatic data is primarily used for delivering and optimising services offered by us, such as:

(a)  authenticating your identity and confirming whether you are currently logged in;
(b)  providing you with relevant, personalised content in order to help us focus on what you are most interested in; and
(c)  improving our services., whereby we may occasionally display different versions of content to you and measure your usage of our web site pages.

To the extent this information constitutes Personal Information, we use it to ensure that content from the Naxos websites is presented in the most effective manner for you and your device because it is in our legitimate interest to improve our customers' online experience in relation to the Naxos websites.

Cookies

Cookies are small data files which are placed on your browser and the hard drive of your computer, mobile or other handheld device as your browse the Naxos websites. We use cookies to store information about your visit to the Naxos websites and distinguish you from other users.

The use of cookies helps us to provide you with a good browsing experience when you visit our websites by displaying content effectively and obtaining and analysing statistics about the use of our websites. By continuing to use the Naxos websites you consent to our use of cookies as explained in this Privacy Policy.

The following table sets out the types of cookies used on the Naxos websites and provides detail about what they are used for. When you use the Naxos websites for the first time, cookies which are essential to make the Naxos websites operate (see those identified as "essential cookies" below) will have been set but other cookies will not have been set unless you agreed to those cookies being set at that time. If you have agreed to accept cookies then the Naxos websites will remember this and continue to set cookies each time you visit. If you do not want cookies to be stored, then you may turn off certain cookies listed below individually or you can select the appropriate options on your web browser to delete some or all cookies. Please note, however, that if you block some or all cookies (including essential cookies) you may not be able to use or access all or parts of the Naxos websites, such as being able to log on to member specific areas.

Cookie type Cookie name Purpose Further information
Essential cookie accepted_policy, PolicyAccepted Determines consent of the user. Expires one year from date of creation/
Essential cookie aspxauth, auth Encrypts the session information and determines user’s permission to browse (licensed) content. Expires when browsing session ends.
Session cookie session_id Created to determine successful login of the user. Expires on hour after creation.
Tracking cookie _ga, _gid, _utm, _gtag, Provides information on how visitors are using the website (e.g. page visited, avg. time on page). This is blocked when cookie consent is not accepted.
Tracking cookie logout Determines when a user has logged out from the application.
If you require more information on our use of cookies, you may contact our Customer.Service@naxos.com.

If you would like to disable cookies, you can set your web browser to reject cookies. However, if you disable the cookie function, you may not be able to access or receive all the information contained on the Naxos websites. How to alter your cookie setting will depend on the type of browser you use. To learn how to disable cookies, we have provided you quick links on the most popular browsers below:

•  Google Chrome
•  Safari
•  Mozilla Firefox
•  Opera 6.0 and further
•  Microsoft Internet Explorer

Please note that Google and other third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies as a result of you visiting other websites, over which we have no control.

          5.     Disclosure of your Personal Data

We do not provide any Personal Data provided by you to any third parties other than to our affiliated companies , where required by law or as set out in this Privacy Policy. We will not sell, trade or rent your Personal Data to others. Your email address will not be distributed to any third party.

We may make certain disclosures in answering your query or providing you with services and by visiting the Naxos website, you agree disclosures to the following third parties:

•  advertisers, which may collect aggregated statistics from the Naxos websites;
•  payment processors who will collect your payment information if you choose to purchase a product from us;
•  other companies and individuals which we employ to provide certain services such as email marketing services (e.g. analysing customer lists, deliverability statistics, opens and clicks), marketing assistance or consulting services. These third parties may have access to information needed to perform their function but can not use that information for any other purpose;
•  credit reporting agencies and other financial institutions including our own bankers, service providers; our professional advisers, such as our accountants, auditors and lawyers, insurers and industry groups having a legitimate reason to receive such information.

          6.     Records of your Personal Data

We will keep a record of the Personal Data that we receive from you in order to answer your query, respond to a request for more information about the services, or in response to an enquiry from one of our existing suppliers. We will only retain the Personal Data collected from a user for as long as the user’s account is active or has otherwise not been cancelled and the user has not requested that their Personal Data be deleted. We will retain Personal Data to fulfil the purposes for which we have initially collected it, unless otherwise required by law. All Personal Data will be retained only as necessary to comply with our legal obligations.

We will delete our copy of your Personal Data upon request from the end of our contact with you for a minimum of 18 months, although we may retain a record of the existence of the relationship, to the extent and for so long as we are required to do so by law. For example, if you have contacted us to ask us for the processing of your Personal Data to be erased, we will retain a record of your request in order to ensure we comply with your wishes.

          7.     Storage and transfer of your Personal Data to Other Countries

If you provide Personal Data to Naxos, it may be transferred to, processed in, stored at or accessible from a destination outside the European Economic Area ("EEA"), in which Naxos or its service providers maintain facilities. All practical steps are taken to ensure that all data is treated confidentially, kept secure and protected against unauthorised or accidental access, processing, erasure or other use and is maintained and kept no longer that is necessary for the purpose for which it is intended.

Naxos is located in Hong Kong. By providing your Personal Data to us in circumstances where our processing of it is subject to European Data Protection Legislation, please note that you are doing so on the basis that you explicitly consent to the transfer of your data outside the EEA. The potential consequence of you explicitly consenting to this are that there is a risk that your Personal Data will not be protected in a manner that complies with European Data Protection Legislation. You can withdraw your consent for any reason at any time by emailing us at Customer.Service@Naxos.com. Withdrawing your consent will not affect our use of the Personal Data prior to your withdrawing that consent but it will mean that we will not be able to contact you about the services we may be able to offer you in the future.

Where we pass your Personal Data that is subject to European Data Protection Legislation from a location inside the EEA to parties located outside the EEA that do not offer adequate protection as determined by the European Commission, and if they are not subscribed to an approved data protection framework, such as the EU-US Privacy Shield that permits us to transfer the Personal Data to them from the EEA, we will enter into agreements which enable us to transfer Personal Data to them and that enable you to exercise your rights in accordance with the European Data Protection Legislation. A copy of these terms can be obtained by emailing us at Customer.Service@Naxos.com.

          8.     Your Rights

With respect to the Personal Data that Naxos collects about you from the Naxos websites, to the extent that you are located in the EEA, under the European Data Protection Legislation you have the right to:

a)  request access to that Personal Information;
b)  receive a copy of the Personal Data that you have provided to Naxos in a structured, commonly used and machine readable format so that you can share it with others;
c)  request the transfer of your Personal Data to another party;
d)  ask that Personal Data be erased;
e)  object to us possessing your Personal Data by asking for the processing of that Personal Data to be restricted or stopped. For example, if Naxos uses Personal Data for marketing purposes; and
f)  make a complaint to a European data protection authority about the manner in which Naxos processes your Personal Information.

Please contact Naxos Customer Service to exercise these rights or for additional information at Customer.Service@Naxos.com.

In addition to the above, you have the right to review, update, and correct your account information and preferences at any time by managing your account’s Profile page. If there is any information that you are not able to edit or delete, contact our Customer Service to help you make the amendments.

You have the right to request for your account to be terminated and your information to be deleted when there is no longer a legitimate or legal reason for us to keep you Personal Information.

On the other hand, if you wish to change or use other services affiliated to us, you may request for your data to be transferred or transmitted.

          9.     Account Inactivity

Naxos Digital Services Ltd. May terminate your account and delete all your information if your account remains inactive for over 12 months. However, we will make every effort to warn and notify you by email before terminating your account to give you the opportunity to log in and update your account, so that it remains active.

          10.   Changes to this Privacy Policy

Any changes we make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to this Privacy Policy, which will be effective immediately when posted on this website or notified to you as applicable.

Contact Us

For further information on our Privacy Policy please contact our Privacy Officer by sending a message to Customer.Service@Naxos.com.

Request for access to data or correction of data or for information regarding policies and practices and kinds of Personal Data held by us should be addressed to:

Naxos Digital Services Limited
Level 11, Cyberport 1,
100 Cyberport Road
Hong Kong
Telephone: (852) 2760-7818 (non toll-free)
Fax: (852) 2760-1962 (non toll-free)