Privacy Statement

PLEASE READ THIS PRIVACY STATEMENT CAREFULLY.

MakeMusic, Inc. (the “Company”) has a strong commitment to protecting personal privacy. We will respect certain privacy principles regarding the personal information that you provide. The purpose of this Privacy Statement is to tell you what information we gather on these websites, how we use the information, and how we protect your privacy.

This Privacy Statement applies to all Company websites, with homepages located at www.makemusic.com, www.smartmusic.com, and www.finalemusic.com, and all subsections under these homepages (the “Sites” or “Websites”). This Privacy Statement does not apply to information we gather by mail, telephone, or other off-line methods.

This Privacy Statement was last revised on September 9, 2011. We may change this Privacy Statement at any time and for any reason. We encourage you to look to this Privacy Statement each time you visit the Site. By using this Site or the SmartMusic software, you agree to the terms of this Privacy Statement. We did not make any substantive changes in our collection or use of personal information, but updated our policy to describe more completely our limited use of enrollment information, as defined below. If you have any questions about the changes please contact us by mail or phone as listed below.

PROTECTING YOUR PRIVACY

The ways we protect and use information collected over these Websites depends upon the purposes for which we collected the information, and the type of information involved. In general, personal information – information that tells us who you are – is used only for limited purposes and receives strong protection. Non-personal information – anonymous information that does not tell us who you are – is used for many purposes and shared with others, as described below.

HOW DO WE COLLECT, USE, AND PROTECT ENROLLMENT INFORMATION REGARDING STUDENTS?

Enrollment information is a student’s name, birthdate, address, phone number, identification number, scores, class, grade, school district, school, music teacher’s name, and a user name and password created by the student. In the case of students under the age of 13, enrollment information also includes contact information for that student’s parent or guardian. Enrollment information also may include non public school information that is provided to us by a student’s teacher or school district, such as a student’s grade or identification number.

We will use the enrollment information to notify the parent or guardian of an enrollee under the age of 13 of the student’s enrollment, and to give the parent or guardian information regarding their right to cancel the enrollment and to access and manage the enrollment information. We use enrollment information to enable the student to submit assignments to their music teacher, and to allow the music teacher to issue and manage assignments and contact their students through a web-based assignment and e-mail program. We also use enrollment information to manage and renew subscriptions, if the enrollee decides to subscribe to one of our products (in which case the information becomes subscription/registration information, and can be used by us in the additional ways described below.)

We will share enrollment information with the teacher and school associated with the enrollment. We may share information in connection with a change of control of the Company, merger, transfer, or sale of all or part of the Company or similar transaction, with a vendor who needs the information to provide services to us, or if required to comply with a law, regulation, court order, or other legal process.

We will not use enrollment information (including any of the non public school information) for any other purposes. We will not give enrollment information to a third party to allow that third party to market its goods or services, and we will not use it to market our own services. We will not convey, copy, transfer, or otherwise disclose enrollment information, including non public school data, in any other way without prior written authorization. We will maintain these protections for enrollment information data even after a student (or his or her school) stops using one of our music grade book products.

HOW DO WE COLLECT, USE AND PROTECT PERSONAL INFORMATION FROM OTHER USERS?

We may collect other personal information, including a name, email, and other contact and personal information, such as payment and financial information, or home address, from you if you buy one of our products or services or register for a feature on our website. We refer to this personal information as “subscription/registration information”. Subscription/registration information also includes other information associated with a user, such as password or subscription number. For example, if you fill out a form to receive and pay for services through this website, you will tell us and we will learn your name and some other personal information about you. If you submit personal information as part of a subscription for a product, or registration for an online forum or other feature, you agree that we may keep a record of the personal information. For example, we may keep a record of your name and e-mail address in order to keep track of your username and password. We also may use subscription/registration information to help us in our business, including but not limited to improving these Sites and marketing and product development. Sometimes we send offers to select MakeMusic customers on behalf of other music-related businesses. You agree that we may use your personal information to mail or email information to you about our products and services.

We may share subscription/registration information with third party service providers who help us with our business. For example, if you pay for services by credit card, we will share your name with the credit card company, such as Visa or MasterCard, so that we can get paid. These other companies may not use or share your personal information with others except for the purpose of assisting us with our business activities pursuant to our request. We will not give your personal information to a third party to allow that third party to market its goods or services.

We may also share subscription/registration information in connection with a change of control of the Company, merger, transfer, or sale of all or part of the Company or similar transaction, or if required to comply with a law, regulation, court order, or other legal process. We may share subscription/registration information to protect our rights or property.

WHAT IS NON-PERSONAL INFORMATION?

Each time a computer visits these Sites to read or download information, we may collect certain information from that computer. This information is automatically collected from the user’s computer and may include information such as the following (“non-personal information”):

  • the type of web browser software the computer uses (for example, Safari or Internet Explorer)
  • the name of the Internet domain from which the computer accessed our Sites
  • the Internet address of the website from which the computer linked directly to our Sites
  • the date and time the computer accessed our Sites
  • the usage of accompaniments which is collected to pay royalties to the music copyright holders

Non-personal information does not tell us who you are.

Also, we may place a text file called a cookie in the browser files of computers that visit this Site. Cookies are pieces of information issued by a website that, among other things, allow your computer to utilize all the features on this Site. If and when your computer accepts a cookie, the cookie may be stored on the computer’s hard drive. The information that we collect using cookies is non-personal information. You are always free to decline our cookies if your browser permits, but some parts of our Sites may not work properly for you if you do so.

WHAT DO WE DO WITH NON-PERSONAL INFORMATION?

We will use non-personal information to help us make our Sites more useful to visitors and for other business purposes. For example, we may tell business partners how many computers visited these Sites or what type of music exercises are most popular. Also, we may use the non-personal information in cookies to help us to personalize these Sites according to the preferences you tell us, and make your visit a more convenient experience. We may prepare reports and other materials using non-personal information, including ammonized enrollment or subscription/registration information. Since these reports and materials contain no personal information, we may share them with others.

WHAT HAPPENS IF THE PRIVACY STATEMENT CHANGES?

If we decide to make a significant change to our Privacy Statement, we will post a notice on the homepages of our Sites for a period of time after the change is made.

WHAT ABOUT PRIVACY ON OTHER SITES?

These Sites may contain links to other websites. We provide these links for your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. We are not responsible for the performance of these sites or for your business dealings with them. Your use of other websites is subject to the terms and conditions of those sites, including the privacy policies of those sites.

ARE THERE SPECIAL RULES ABOUT CHILDREN’S PRIVACY?

We care about protecting the online privacy of children. We may collect certain information about children for the purpose of providing our educational services as described in the sections above regarding enrollment information. When we collect enrollment information, we ask for a student’s birthdate to determine whether the student is a child under the age of 13. We do not retain a record of the student’s birthdate. Other than enrollment information, we collect information from children under 13 only with the prior consent of a parent or guardian. If you believe that we have improperly collected information from a person under the age of 13, please send us a letter by First Class Postage Prepaid U.S. Mail or overnight courier to the following address:

MakeMusic, Inc.
7615 Golden Triangle Drive
Suite M
Eden Prairie, MN 55344-3848
USA

You should clearly state, at a minimum, (1) the name of the alleged child, along with their username; (2) the age and birth date of the child; (3) your relationship to the child (e.g., parent, guardian, teacher); (4) as much detail as possible regarding the information you believe was provided improperly by the child.

In addition, if you are a parent/guardian and wish to review information submitted by your child, you may contact us at the address above or by calling 1-800-843-2066 (for the USA) and, after confirming your identity, we will provide you with an opportunity to review, and if you wish delete, such information.

HOW DO YOU VIEW OR EDIT PERSONAL INFORMATION AND PREFERENCES?

Go to My Account and login to view and/or update any personal information provided, such as mailing and billing addresses, e-mail addresses, or preferences. MakeMusic will never sell your name or e-mail address, but sometimes we send out information on related products. If you want to receive such offers, please adjust your Personal Information and Preferences by checking, “Yes, I’m also interested in music-related products and services.” Note we must be able to share your personal information with essential business partners, such as Visa or MasterCard, in order to provide you with services. If you do not wish to receive e-mail information (about new MakeMusic products and offers or technical updates) de-select the option “Yes, keep me informed of new MakeMusic product information, updates and special offers via e-mail”.

HOW TO CONTACT US?

If you have questions or comments about this Privacy Statement, please visit us on-line at http://support.makemusic.com, or send us a letter addressed by First Class Postage Prepaid U.S. Mail or overnight courier to the following address:

MakeMusic, Inc.
7615 Golden Triangle Drive
Suite M
Eden Prairie, MN 55344-3848
USA

Toll Free: 1-800-843-2066
(for the USA)