Privacy Notice

SoundHound, Inc. (referred to herein as "SoundHound") values the privacy of our customers, users, members, and others (collectively or individually "Customers") who use www.midomi.com, and any other websites or services owned or operated by SoundHound. www.midomi.com is referred to herein as "midomi" and the services operated under midomi are referred to herein as the "midomi Service." This statement governs information you provide to us or that we learn from your use of the midomi Service and tells you how we may collect, use, and in some instances share this information.

  1. The Information midomi Collects

    Any member profile information, media, music, audio recording, image, comment, or any other content posted onto the midomi Service at your direction becomes publicly-published content, is not considered personally identifiable information subject to this Privacy Notice, and may be collected and used by others.

    • Customer Provided Information: You provide to midomi what is generally called "personally identifiable" information (such as your name, email address, postal mailing address, home/mobile telephone number, credit card number and billing information, etc.) if you purchase or download media and music, create a membership account, record your voice, or otherwise use the midomi Service for any available purpose. In addition, midomi may give you the option to provide us with certain information about yourself (such as age, gender, hobbies, interests, zip code, state, country, or other information including personal data concerning musical interests, tastes, and influences, evaluations of other users' recordings, as well as photographs and song files).

    • "Cookies" Information: When you visit the midomi Service, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer. midomi uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the midomi Service. By using these cookies, we can "remember" what you've done on the midomi Service before and this lets us personalize our site for you and save certain parts of the site or services just the way you like them. These persistent types of cookies can be removed, but each web browser is a little different, so please look through your browser "Help" file to learn the correct way to modify your cookies set-up. Please note that disabling cookies may prevent you from accessing some of the functionality and site offerings available via the midomi Service.

    • "Automatically Collected" Information: When you visit the midomi Service or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons". This "automatically collected" information may include your Internet Protocol address ("IP Address"), web browser type, the web pages or sites that you visit just before or just after the midomi Service, the pages you view on our site, and the dates and times that you visit.

  2. The Way midomi Uses Information

    • midomi uses the information that we collect to provide to you all of the features and services found on the midomi Service. For example, when you use a credit card and input your billing information to purchase or download media and music, we use that information as necessary to process your orders and for recordkeeping purposes. We will use your email address, without further consent, for non-marketing or administrative purposes such as notifying you of major site updates, for customer service, or to contact you for any reason regarding media you have posted.

    • midomi uses all of the information that we collect from our Customers to understand the usage trends and preferences, to improve the way the midomi Service works and looks, to improve our marketing and promotional efforts, and to create new features and functionality.

    • midomi uses automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the midomi Service; (b) provide custom, personalized advertisements, content, and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

    • midomi will not use your email address or other personally identifiable information to send promotional or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.

  3. When midomi Discloses Information
    • midomi discloses both personally identifiable and automatically collected information to affiliated companies or other businesses or persons to process such information on our behalf, to provide website maintenance and security, to enable midomi to fulfill orders, to offer certain features on the midomi Service, to assist us in improving the way the midomi Service works and looks, and to create new features. We require that these parties agree to process such information in compliance with our Privacy Notice, we use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures. Your user profile information, such as your user name, picture and other personally identifiable information, will also be displayed to other users to facilitate user interaction in the midomi service.

    • We share automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the midomi Service.

    • Except as otherwise noted in this Privacy Notice, midomi does not share personal information about midomi Service users with third parties unless doing so is appropriate to carry out a user's request, it reasonably believes that doing so is legally required, or it is in midomi's interest to protect its property, other legal rights or the rights or property of others.

    • We do not share user information with other third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-out.

  4. Member Profile and Password

    You may, of course, decline to share personal information with midomi, in which case midomi will not be able to provide certain services to you on the midomi Service. You have access to your personal information and you may update, correct, or delete your member information and email subscription preferences at any time by going to the log-in section of the midomi Service.

    To protect your privacy and security, we take reasonable steps to verify your identity before granting Customer's member profile access or before making corrections. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

  5. Children

    Consistent with the federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who provides their personal information to midomi through the midomi Service represents that they are 13 years of age or older.

  6. Third-party Advertisers, Links to Other Sites

    midomi allows other companies, called third-party ad servers or ad networks, to serve advertisements within the midomi Service. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the midomi Service. They automatically receive your IP Address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.

    midomi does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. However, please note that if an advertiser asks midomi to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.

    You should consult the respective privacy policies of these third-party ad servers or ad networks. midomi's Privacy Notice does not apply to, and we cannot control the activities of, such other advertisers or websites.

  7. Our Commitment to Data Security

    No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. On our secure pages, we use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software.

    If midomi learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the midomi Service or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the midomi Service. midomi may post a notice on the midomi Service if a security breach occurs. If this happens, you will need a web browser enabling you to view midomi's Service. midomi may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via the following link Contact Us.

  8. Special Note to International Users

    The midomi Service is hosted in the United States. If you are a Customer accessing the midomi Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions, and by providing your personal data you consent to:

    • the use of your personal data for the uses identified above in accordance with the Privacy Notice; and
    • the transfer of your personal data to the United States as indicated above.
  9. In the Event of Merger or Sale

    If SoundHound should ever file for bankruptcy or have its assets sold to or merge with another entity, information received from you through the midomi Service is a SoundHound asset and may be transferred.

  10. Changes and Updates to this Privacy Notice

    We may occasionally update this Privacy Notice. When we do, we will also revise the "effective date" on the Privacy Notice. For changes to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information that you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Notice to stay informed about how we are protecting the personal information we collect. Your continued use of the midomi Service constitutes your agreement to this Privacy Notice and any updates.

  11. Contacting midomi

    If you have any questions, comments, or concerns about this Privacy Notice, please email us at privacy@midomi.com
    Postal Mail Address:

    c/o SoundHound, Inc.
    3979 Freedom Circle, Suite 400
    Santa Clara, CA 95054

    If you have a privacy concern regarding the midomi Service or this Notice and if you cannot satisfactorily resolve it through the use of the midomi Service you should write to: privacy@midomi.com. In the event that we are still unable to resolve your concerns midomi is committed to cooperating to achieve a proper resolution of your privacy concerns.

    Effective Date: August 15, 2006

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