Terms of Use

1. INTRODUCTION

This website is operated by Naxos Digital Services US, Inc. (“Naxos”). Throughout the site, Naxos may also be referred to as “we”, “us”, and “our”. Naxos offers this website, including all information, tools, and services available from this site (collectively, the “Service” or the “NML Service”) to you, the user, conditioned on your acceptance of all terms, including the Privacy Policy, conditions, policies, and notices stated herein (the “Terms”).

The use of the NML Service may be subject to additional terms and conditions presented by Naxos, which are incorporated by this reference into these Terms.

By signing up for, or otherwise accessing the NML Service, you agree to these Terms. If you do not agree to the Terms, then you shall not access or use the NML Service.

In order to use the NML Service, you agree you are (1) at least thirteen years of age (or the equivalent minimum age in your home country) or older, (2) have a parent or guardian’s consent if you are a minor in your home country, (3) have the power to enter into a binding contract with Naxos and not be barred from doing so under applicable laws, and (4) reside in a country where the NML Service is available. You further promise that any registration information that you submit to Naxos is true, accurate, and complete, and you agree to keep it that way at all times.

Naxos at any time may change, add, or remove any part of these Terms by posting amended Terms on the NML Service. Naxos will post the date of the amendments plainly on the Service. It is your responsibility to check and review the Terms, as your continued use of the NML Service constitutes acceptance of the Terms. If any new content, products, functionalities, or services become available, they will be considered a part of the NML Service and your use of them will be governed by the Terms.

Any use of the NML Service as a part of a trial period (a “Trial”) shall be subject to these Terms.

The NML Service may not be available to all users. If the NML Service is not available to you, or if your subscription to the NML Service is interrupted (i.e. you change your payment details), you may not be able to reactivate your subscription. We reserve the right to refuse service to anyone, for any reason, at any time.

Naxos may utilize the services of third party applications, websites or devices for the facilitation and integration of the NML Service for your use. Your use of the third-party applications and devices may be subject to additional terms and conditions which will be provided to you by such third-party.

PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SERVICE CONSTITUTES ACCEPTANCE THEREOF.

2. YOUR USE OF THE NML SERVICE

Please refer to our Privacy Policy to see how we use any information you provide, and what may be collected while you use the NML Service.

Your username and password should be kept confidential and are solely for your own, personal use. You shall not share your username, password, or any other login credentials with others or give permission for others to access the NML Service using your account. It is your responsibility to update any email associated with your account. You agree that you will not redistribute or transfer the NML Service or any of the Materials. You understand that you are responsible for all use (including, without limitation, any unauthorized use) of your username and password. Notify Customer.Service@Naxos.com immediately if your username or password is lost, stolen, or if you believe there has been unauthorized access to your account. We may reclaim or require you to change your username or password at any time for any reason.

Subject to your compliance with the Terms, we grant you the limited, non-exclusive, revocable permission to use the NML Service and the Materials for personal, non-commercial use. This access shall remain in effect until terminated by you or Naxos.

You agree that you will, at all times, comply with all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

The following actions are not permitted for any reason whatsoever:

• Artificially increasing play counts, artificially promoting any part of the Materials, or any other manipulation including but not limited to (i) by using any bots, scripts, or other automated processes, (ii) by providing or accepting any form of compensation (financial or otherwise), or (iii) by any other means;
• Reverse engineering, decompiling, or disassembling any part of the NML Service or the Materials, except where such restriction is prohibited by applicable law;
• Creating any derivative works or modifying any part of the NML Service of the Materials, except where such restriction is prohibited by applicable law;
• Copying, reproducing, redistributing, broadcasting, transferring, performing, “ripping,” or otherwise making available to the public, any portion of the NML Service or the Materials, other than as expressly authorized herein;
• Manually or automatedly “crawling” or “scraping” to view, access, or collect information;
• Selling, renting, sublicensing, or otherwise monetizing any portion of the NML Service or the Materials;
• Circumventing any technology used by Naxos, including any territorial or other content access restrictions applied by Naxos;
• Removing or altering any copyright, trademark, or other intellectual property notices;
• Deleting, altering, or otherwise modifying any part of the NML Service or Materials;
• Providing your password, username, or login credentials to any other person or third party;
• Using others’ passwords, usernames, or login credentials which you have obtained to access the NML Service or Materials, or providing them to others to use the NML Service or Materials.

In the event that you abuse your rights to the NML Service, or in the event that Naxos reasonably suspects that you are abusing/have abused your rights to the NML Service (e.g. excessive or unreasonable use such as continual streaming, non-stop for 24 hours a day, 7 days a week), Naxos may refuse access to the NML Service to you.

If you provide any ideas, suggestions, or other feedback in connection with your use of the NML Service or as it relates to the Materials, Naxos may use such feedback without restriction and without any payment to you.

3. INTELLECTUAL PROPERTY AND USE OF MATERIAL ON THE NML SERVICE

The software, user interfaces, videos, photographs, trademarks, logos, artwork, information, design, text, metadata, graphics, music, recordings and other content on this Website (the “Materials”) are owned or licensed by Naxos and are protected by copyright, trademark, and other intellectual property laws and international treaty provisions, and all such rights are retained by their respective owners. Naxos reserves all rights not expressly granted in these Terms.

You may only access and use the Materials for personal, non-commercial, purposes. You may not modify, scan or copy, download or use any other method now known or to be discovered in future to reproduce, republish, duplicate, translate, copy or distribute in any way any portion of the Materials or use the Materials for any other purpose, or publicly perform or broadcast any of the musical excerpts or recordings included on this Website without the prior written permission of Naxos Digital Services US, Inc. You may not download the music and recordings of this Service at any time. Any publication, reproduction, public exhibition or further distribution of Materials provided at this Website, whether in whole or in part, is strictly and expressly prohibited.

To request permission, send an e-mail, including your name, username, e-mail and postal address and a description of the purpose of your intended use and the Materials you would like to use to Customer.Services@Naxos.com .

You may print any part of the Materials for personal purposes only, provided you also retain any copyright notice originally included with the Materials.

The Materials included on this Website have been compiled from a variety of sources, and are subject to change without notice. We are not responsible if the information made available on this site is not accurate, complete or current. The Material on this site is provided as general information only, and should not be relied upon or used as the sole basis. Any reliance on the Material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

4. TRADEMARKS

The trademarks displayed on this Website are the registered and unregistered trademarks of Naxos Digital Services US, Inc. Nothing contained on this Website shall be construed as granting any license or right to use any such trademarks.

5. NML SERVICE LIMITATIONS AND MODIFICATIONS

Naxos will use reasonable care and skill to operate the NML Service and to provide the Materials to you. However, the NML Service offerings and the availability may change from time to time, subject to applicable laws. Naxos has no obligation to provide you with any specific content on the NML Service, and owners of content may remove particular recordings, videos, podcasts, and other Materials without notice to you. Naxos has no liability to you, or any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of the government, other third parties, or events beyond our control.

6. EXCLUSIONS AND LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE FROM THESE TERMS 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.

ANY MUSICAL TRACKS OR OTHER MATERIAL DOWNLOADED, STREAMED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR SOLE DISCRETION, RISK AND RESPONSIBILITY.

WE MAKE NO WARRANTY THAT: (A) THE SERVICE MEETS YOUR REQUIREMENTS; (B) THE SERVICE CAN RUN ON YOUR DEVICE; (C) THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE ARE RELIABLE; AND (D) THE QUALITY OR DELIVERY OF THE SERVICE MEETS YOUR EXPECTATIONS.

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.

IN NO EVENT ARE WE OR OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS LIABLE UNDER OR IN RELATION TO THESE TERMS 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 THESE TERMS) AND ANY MODIFICATION, MALFUNCTION, SUSPENSION, DISCONTINUANCE OF OR INTERRUPTION TO OR OF THE SERVICE.

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.

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.

NOTWITHSTANDING ANYTHING ELSE IN THIS CLAUSE 7, NAXOS’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL NAXOS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF NAXOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

7. BILLING AND PAYMENTS

For individual subscribers, your payment to Naxos for your NML Service subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription to the NML Service before the end of the then-current subscription period. Please contact Customer.Service@Naxos.com if you wish to cancel your subscription.

Tax rates are calculated based on the information you provide and the applicable rate at the time of your subscription charge. These amounts can change over time with local tax requirements in your country, state, territory, or city. Any change in Tax will be automatically applied based on the account information you provide for your subscription.

Naxos may change the price for the subscriptions, and will communicate such change in subscription pricing to you with reasonable advance notice. Any change in pricing will be effective at the start of the next subscription period following notice of such pricing change. Your continued use of the NML Service after such notice of price change shall be your acceptance of the new price. Such notice will be emailed to the email associated with your NML account. In the event that you wish to discontinue your subscription due to the pricing change, you can email Customer.Service@Naxos.com to cancel your subscription prior to the change going into effect.

8. GENERAL PROVISIONS

8.1 Indemnification. You agree to and shall indemnify and hold Naxos harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Naxos arising out of or related to: (1) your breach of any of these Terms; (3) any activity in which you engage on or through the NML Service; and (4) your violation of any law or the rights of a third party.

8.2 Termination. Either Naxos or you may, without prior notice, terminate these Terms for any reason and at any time, with or without cause by providing notice to you at the contact email address specified by you from time to time if the termination is by Naxos, or if the termination is by you to Customer.Service@Naxos.com with the word “Termination” in the subject matter line, giving adequate personal details to Naxos to identify you. In the case of termination by Naxos, upon notice of termination being sent (but not necessarily received) termination shall be effective and your right to use the NML Service shall immediately cease. In the case of a termination notice sent by you, such notice shall be effective upon acknowledgement by Naxos that the termination notice has been received. Termination of the Terms shall not relieve you of any obligations to pay any outstanding amounts due, including but not limited to any prorated charges accrued for a billing cycle in which these Terms are terminated.

8.3 Force Majeure. 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 God or governmental or other authority. We shall notify you as soon as practicable of any anticipated delay due to force majeure. The performance of our obligations under these Terms will be suspended for the period of the delay due to force majeure. Your obligation to pay the annual subscription fee is not affected by this Section 8.3.

8.4 Governing Law. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Tennessee and the laws of the United States.

8.5 Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

8.6 Assignment. Naxos may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sublicense any of your rights or obligations under these Terms to any third party.

8.7 Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

8.8 Entire Agreement. These Terms and any policies or operating rules posted by us on this site or in respect to the NML Service constitutes the entire agreement and understanding between you and us and govern your use of the NML Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

8.9 Changes to Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the NML Service following the posting of any changes to these Terms constitutes acceptance of those changes.

8.10 Contact Information. Questions about these Terms should be directed to Customer.Service@Naxos.com.

Updated on 19th May, 2022

Privacy & Cookies Policy

Our business is built on the trust and confidence you place in us. Naxos Digital Services US, Inc. ("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 NaxosMusicLibrary.com (the "Naxos website" or "our website"), the type of information collected on the Naxos website, 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 the 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 website 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, company, etc.

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

1. directly from you, such as when you enter your personal details on our website (for example during registration or application for products and services), when you provide information by phone or in documents such as an application form;
2. from our affiliated companies;
3. from your representatives;
4. from sources where you’ve made your information publicly available;
5. from credit-reporting and fraud-checking agencies and credit providers for credit related purposes such as credit worthiness, credit rating, credit provision and financing;
6. from our own records of your dealings with us; or
7. 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 website (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-existing agreement or relationship;
• carry out obligations arising from any contracts entered into between you and us; and
• ensure that content from the Naxos website is presented in 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 website, 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:

1. 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);
2. 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. Alternatively, you may request for your account to be deleted or to cancel your subscription. You may 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 have 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 website, 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:

1. authenticating your identity and confirming whether you are currently logged in;
2. providing you with relevant, personalised content in order to help us focus on what you are most interested in; and
3. 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 website 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 website.

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 website. We use cookies to store information about your visit to the Naxos website and distinguish you from other users.

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

The following table1 sets out the types of cookies used on the Naxos website and provides detail about what they are used for. When you use the Naxos website for the first time, cookies which are essential to make the Naxos website 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 website will remember this and continue to set cookies each time you visit. If you do not want cookies to be stored, 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 website, 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
• Microsoft Edge

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 website;
• 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 cannot 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 than is necessary for the purpose for which it is intended.

Naxos’ headquarter 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 website, to the extent that you are located in the EEA, under the European Data Protection Legislation you have the right to:

1. request access to that Personal Information;
2. 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;
3. request the transfer of your Personal Data to another party;
4. ask that Personal Data be erased;
5. 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
6. 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 US, Inc. 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 US, Inc.
c/o 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)

Updated on 20th May 2022