Legal

Please read these Terms carefully. Access to, and use of Newt products (“Products”), Newt services (“Services”), and the Newt website https://newt.to/ (“Website”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by using or visiting our Website, you are bound to these Terms and you indicate your continued acceptance of these Terms.

1. Your Newt Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and Newt may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Newt to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Newt of any unauthorized uses of your information, your account or any other security breaches. Newt will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Users of the Website, Products, and/or Services

Your access to, and all of your use of the Website, Products, and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and Newt. When accessing or using the Website, Products, and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Website, Products, and/or Services, and you agree not to use the Website, for any of the following:

  • • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
  • • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
  • • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
  • • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
  • • Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
  • • Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
  • • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
  • • Attempting to interfere or interfering with the operation of the Website, Products, and/or Services, or our provision of Services to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website. In addition, if you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, "Content"), you are solely responsible for the content of, and any harm and damages resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
  • • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • • if your employer has rights to intellectual property you create, you have either (i) received written permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a written waiver as to all rights in or to the Content;
  • • you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • • the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.

If you delete Content, Newt will use reasonable efforts to remove it from the Website and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Newt shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems. Newt disclaims any liability for any harm or damages resulting from your access or use of the Website, Products, and/or Services, or access or use of non-Newt websites. Newt has the right (though not the obligation) to (i) refuse or remove any Content that, in Newt’s reasonable opinion, violates any Newt policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Website, Products, and/or Services, to any person for any reason, in Newt’s sole discretion.

3. Fees and Payments

By purchasing Products and/or Services, you agree to pay Newt monthly/anual subscription fees indicated for such Product or Service. Payments will be due as of the first day you sign up for a Product and/or Services, and will cover a monthly/annual period, as indicated when signing for such Service/Product. Configurations and prices of the Website, Products, and/or Services are subject to change at any time, and Newt shall at all times be entitled to modify configurations, fees, prices and quotations, provided that no price changes shall be made applicable to you during a subscription term, and shall only take effect after Newt and you have agreed upon an extension, upgrade or renewal of the subscription term. You agree to any such changes if you do not object in writing to Newt within seven (7) business days of receiving a notice of Newt, or an invoice, incorporating or announcing the fee and/or price changes. All prices are exclusive of, and you shall pay all taxes, duties, levies or fees, or other similar charges imposed on Newt or yourself by any taxing authority (other than taxes imposed on Newt’s income), related to your order, unless you have provided Newt with an appropriate resale or exemption certificate for the delivery location, which is the location where the Products and/or Services are used or performed. In case of changes in law such that a tax is levied that is or becomes irrecoverable with a consequent increase to the costs to Newt of delivering the Products and/or Services, whereby and to such an extent Newt is entitled to increase its prices accordingly and retroactively.

4. Use of Third Party Content and Materials

Newt has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Newt does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Newt disclaims any responsibility for any harm and/or damages resulting from the use or downloading of postings of other parties on the website.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which newt.to links, and that link to newt.to. Newt does not have any control over those non-Newt websites and webpages, and is not responsible for their contents or their use. By linking to a non-Newt website or webpage, Newt does not represent or imply that it endorses such website or webpage.

6. Copyright Infringement

As Newt requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Newt. Newt will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide our DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information of our DMCA Agent for notice of claims of U.S. copyright infringement is: Newt Inc., attn.: Newt DMCA agent, 228 East 45th Street, Suite 9E, New York, NY 10017, + 1-347-694-5321, email: dmca@newt.to. In the case of a user who may infringe or repeatedly infringes upon the copyrights or other intellectual property rights of Newt or others, Newt may, in its discretion, terminate or deny access to and use of the Website, Products, and/or Services. In the case of such termination, Newt will have no obligation to provide a refund of any amounts previously paid to Newt to any person in respect of any such termination.

7. Trademarks

Newt, the Newt logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, are trademarks or registered trademarks of Newt or Newt’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any Newt or third party trademarks. Likewise, you grant no right or license to reproduce or otherwise use any of your trademarks, service marks, graphics and/or logos, unless expressly authorized by you.

8. Termination

You may terminate your agreement and close your account with Newt at any time, effective the last day of your subscription term, by sending an email to hi@newt.to. Newt may terminate its relationship with you, or may terminate or suspend the accessibility to the Website, Products, and/or Services at any time, including the use of any software, (i) if you breach these Terms and/or any other agreement with Newt; (ii) if Newt reasonably suspects that you are using the Website, Products, and/or Services to breach the law or infringe third party rights; (iii) if Newt reasonably suspects that you are trying to unfairly exploit or misuse Newt’s policies; (iv) if Newt reasonably suspects that you are using the Website, Products, and/or Services fraudulently, or that Products or Services provided to you are being used by a third party fraudulently; (v) if you fail to pay any amounts due to Newt; (vi) you violate any applicable law or regulation. Upon termination of your Newt account for the above reasons, there will be no refund of fees and you will be denied access to the Website, Products and/or the Services, including all of its data. Newt may terminate any agreement and access to your account, if the Services or any part thereof, are no longer legally available in your jurisdiction, or are no longer commercially viable, at Newt’s sole discretion. In case of termination or closing of your account by you because of a material breach by Newt, without any default by you, or in case of a force majeure on the side of Newt, Newt will refund pro rata for the remaining period of your subscription any fees or expenses paid by you. If you believe that Newt has failed to perform or the Services are defective, you must notify Newt in writing and allow fourteen (14) days for Newt to cure the defect. If Newt cures the defect within this cure period, Newt will not be in default and cannot be held liable for any damages and/or losses in connection to such default. If Newt has not cured the defect within this cure period, you may terminate the subscription with immediate effect, upon written notice to Newt.

9. Changes

The configurations and specifications of the Website, including without limitation all content there available, the Products, and the Services may be amended and/or updated from time to time, at the sole discretion of Newt. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the Website, Products and/or Services.

10. Limitation of Warranties of Newt, Its Suppliers and Its Licensors

Newt warrants to Newt customers of paid products and/or services, provided that such customers have paid all fees due, and are not otherwise defaulting any obligations towards Newt, an availability of the Products and/or Services (“uptime”) of ninety-eight percent (98%) per month. If for a reason solely attributable to Newt the uptime is not met, Newt will credit you as “liquidated damages”, the Products and/or Services are not accessible in violation with the uptime. You agree that it would be difficult to determine the amount of damages that will be suffered by you if the uptime will not be met. You also agree that the above compensation schedule will result in liquidated damages that bear a reasonable proportion to the probable loss and the amount of your actual loss. The aforementioned liquidated damages shall be the sole and exclusive remedy in the event the uptime has not been met by Newt. However, if the Products and/or Services are not available to you for a reason solely attributable to Newt for a continuing period of five (5) days or more, you may terminate your agreement in writing with immediate effect, and you may request return of fees paid by you related to the unavailable Products and/or Services, pro-rata the remaining unused term of your agreement. Newt and its licensors make no warranties or representations whatsoever with respect to the Website, Products, and Services, or any linked site or its content, including the content, information and materials on it or the accuracy, completeness, or timeliness of the content, information and materials. We also do not warrant or represent that your access to or use of the Website, Products, and/or Services, or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Website, Products, and/or Services, or any linked site is free of computer viruses or other harmful components. We assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Products or Services, or your access to, use of, or browsing of the Website, or your downloading or uploading of any Content from or to the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. No advice, results or information, whether oral or written, obtained by you from Newt, or through the Website, shall create any warranty not expressly made herein. Newt does not necessarily endorse, support, sanction, encourage or agree with any content or any user content, or any opinion, recommendation, content, link, data or advice expressed or implied therein, and Newt expressly disclaims any and all liability in connection with user content and any other content, materials or information available on or through the Website, Products, and/or Services, created or provided by users or other third parties. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

11. Limitation of Liability of Newt, its Suppliers and its Licensors

Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Website, Products, Services, and/or the Contents thereof, or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Products and/or Services as delivered by a party without any third party content, in no event shall a party’s liability exceed the total sums received by Newt from you during the twelve (12) month period immediately prior to the date the damages first occurred.

12. Your Representations and Warranties

You represent and warrant that your use of the Website, Products, and/or Services will be in accordance with any agreement between you and Newt, the Newt Privacy Policy, these Terms, and with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.

13. Indemnification

Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the Parties, or (ii) any allegation that any information or material (including any Content) violates any rights of any third party. You understand and agree that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed via our Products and/or Services. You will defend, indemnify, and hold Newt harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Products and/or Services under your account.

14. Miscellaneous

Each party shall take out adequate insurance in order to cover its risks hereunder, including but not limited to a general- and product liability insurance. Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party. Newt will not be liable for any delay in performing or failure to perform any of its obligations to you caused by events beyond its reasonable control. Newt will notify you promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage. If you are located in the United States and use or access the Website, Products, and/or Services from the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Newt shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Newt shall be resolved under the International Arbitration Rules of the American Arbitration Association in front of a sole arbitrator. The place of arbitration shall be New York City, New York. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction. If you are located outside the United States and use or access the Website, Products, and/or Services from outside the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Newt shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Newt shall be exclusively resolved by the Dutch Courts in Amsterdam. Any cause of action against a party, regardless whether in contract, tort or otherwise, must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred. If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms to any party that consents to, and agrees to be bound by, the terms hereof in writing. Newt may assign its rights under these Terms at its sole discretion. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms, or your use of the Website, Products, and/or Services.

1. Information We Receive or Collect from You

Registration Data : When you register, we ask you to provide certain information, which includes your email address, birth year, gender, and zip code (the "Registration Data"), as well as a password for your account. Payment Information : If you choose to subscribe to fee-based portions of the Service, purchase a subscription to the Service as a gift, or purchase add-on products or services, you will also be asked to provide (at a minimum) your name and payment information ("Payment Information"). Information You Choose to Provide to Newt : You have the ability to provide a variety of information during your interactions with us and the Newt Service, such as emails you may send us, ads you respond to, and emails or newsletters that you sign up to receive. Newt or third parties acting on our behalf receive data from you whenever you provide us with information. Listening Activity : When you use the Service, we keep track of your listening activity, which may include the number and title of songs you have listened to, the songs that you like (thumb up) or dislike (thumb down), the stations and playlists you create or listen to, the songs you skip, and how long you listen. Community Posting : You have the ability to post comments, images, and information in community networking features available on or accessible through the Service, such as Newt Community, your public profile, artist and album forums, our blog, and our social networking pages. You should be aware that any information you submit in the course of these community activities can be read, collected, or used by other users of these parts of the Service, as further discussed below. We are not responsible for the information you choose to make public in any of the community networking features available on or through the Service. Technical Information : As is true of many internet-enabled services, Newt may collect certain technical information through the use of log files and servers. Web and application servers create log files automatically as part of their setup and configuration. Information in a log file may include IP address, browser type, Internet service provider, date/time stamps, Media Access Control (MAC) address, file requested, and other usage information and statistics. Contact Information : If you choose to participate in research studies, or sign up for certain features and/or rewards offered through the Service, you may provide us, and we may collect, your contact information, including your name, mailing address, and phone number ("Contact Information"). The email address you provided as part of your Registration Data is not considered Contact Information for the purposes of this policy. Device Information : If you access and use the Service from a computer, mobile phone, tablet, automobile, or other electronic device, we may collect information about those devices. For example, our servers receive and store information about your computer and browser, including your Internet Protocol (IP) address, browser type, and other related software or hardware information. If you access the Service from a mobile phone, tablet, automobile, or other electronic device, we may collect and store information such as device type, operating system version and type, unique identifiers (such as mobile advertising ID, VIN, and MAC address), carrier, and other related information for that device. Location Information : When you register for the Newt Service, you provide us with your zip or postal code. We may also collect location information from devices you use while accessing the Newt Service. Depending on the device and operating system, device-based location information may be derived from GPS and nearby wireless signals such as cell towers, Wi-Fi networks, and Bluetooth beacons. We will not collect your device-based location information unless you have permitted the Newt app to access location services on your device. You can disable this access at any time in your system settings. Additionally, in some cases, your location within a geographic block may be approximated from the IP address currently assigned to your device. Voice Data : If you grant microphone access to the Newt app on your device, we will receive your voice data when you interact with a voice feature on our app. You can perform a search or control Newt with your voice by tapping on the microphone icon in the search bar, or by using the wake word "Hey Newt" if you have enabled "Listen for 'Hey Newt'" in your app settings. Ad-supported listeners can also use their voice to interact with select audio advertisements, in which case an audible tone will sound when the microphone opens and closes, and an indicator will display on your screen. For more information about Newt's voice features, see this FAQ. Research : If you choose to participate in surveys or other research, we will collect any information you choose to provide us, together with other data about your use of the Newt Service. Third Party Personal Information: Certain features of our Service require you to provide personal information about another person. By providing another person's personal information to us, you confirm that you have all necessary rights and permissions to provide such information. If you choose to provide this information, we may store and use the information for purposes of providing those features. For example, if you choose to purchase a subscription to the Service for a friend, we may ask for your friend's name and email address to provide the gift. We will only use this information for the specific reason for which it was provided or for security purposes, such as to prevent fraud. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at privacy @ Newt.to.

2. Information We Receive or Collect from Third Parties

We may receive or collect information about you from third parties, and combine and store it on our servers with other information we may have already received or collected from you. These third parties include: Service providers that provide or make available advertising, features and functionality, and content on or through the Service. Advertising entities such as advertisers and advertising agencies that collect and maintain information on their customers. These third parties may provide Newt with certain information about those customers for the purposes of serving advertisements and/or marketing offers to their customers on the Newt Service. Marketing companies and data providers that create, maintain, and distribute professional marketing lists or segments, or maintain and distribute other marketing, or similar data. Governmental or quasi-governmental agencies or organizations that provide or make available, to the public, census and demographic data. Third-party social media websites, applications, or services that you use, when we allow those websites, applications, or services to interact through the Service to provide personalized services to you. In some cases, those websites, applications, or services may automatically provide us with information about you to facilitate personalization unless you use the controls available on those websites, applications, or services to opt-out of such sharing. People who store or post information about you on the community features of the Newt Service, or by your enabling connectivity with another website, application, or service where friends or other listeners store such information. For instance, your friends may store information about you in places such as their friend lists, address books, or photos on our Service or other websites, applications, or services such as social media applications with which the Newt Service interacts. Newt is not responsible for, and will assume no liability, if a business partner or other entity collects, uses, or shares any information about you in violation of its own privacy policy or any applicable laws, rules, or agreements. Related Companies : We may also receive information about you from our parent corporation, Sirius XM Radio Inc. ("Sirius XM") and its subsidiaries. For more information about Sirius XM, please see https://www.siriusxm.com/corporate.

3. Information Collection Technologies

Our use of cookies : Newt uses a technology that is commonly known as "cookies." A cookie is a file our server writes to your hard drive that contains an alphanumeric identifier. We use the identifier in a cookie to help us manage and report on your interaction with the Service. Through cookies, we are able to collect information that we use to improve the Service, keep count of return visits to our website or our advertisers' or partners' websites, collect and report on aggregate statistical information, authenticate your login credentials, or manage multiple instances of the Service in a single browser. We may also collect other data such as the page or site that referred you to the Service, the date and time you visited the Service, and your current IP address. The cookies we place on your hard drive are known as "first-party cookies." We use both session cookies and persistent cookies. A session cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You may be able to remove persistent cookies by following directions provided in your browser's "help" section. If you do not accept first-party cookies you may still use our Service, but your ability to use some areas of our website, and the ability to stay logged in, will be limited. Advertisers' and other third parties' use of cookies : Advertisers and other third-party advertising entities that deliver ads to you on the Service may place or recognize a unique cookie on your hard drive. These types of non-Newt cookies are known as "third-party cookies." Advertising entities may use third-party cookies in order to collect information about you, which may include how many times you have seen their ads or whether you have interacted with an ad. They may also use third-party cookies to provide you with interest-based advertising. Most major web browsers provide users with the option to accept or reject third-party cookies. The use of third-party cookies is not covered by this privacy policy. We do not have access to or control over cookies placed by advertisers and other third parties. If you would like to review and modify your interest-based advertising settings, visit Your Advertising Choices on Newt. Beacons and tracking pixels : Newt, third-party advertising entities, and tracking-utility partners employ a technology known as "beacons" or "tracking pixels" (each, a "Beacon"). A Beacon is a one-pixel-by-one-pixel clear image that is embedded in HTML content, and is about the size of a period at the end of a sentence. When HTML content containing a Beacon is rendered, the Beacon transmits information to a server, such as a numeric count, unique identifier, or IP address. Newt and its partners use Beacons to help us better manage content on our Service. For example, we may place a Beacon in HTML-based emails to let us know which emails recipients have opened, or on a webpage to count the number of unique visitors to that page. The use of a Beacon may also allow us to gauge the effectiveness of certain communications and of our marketing campaigns. HTML5 and Flash Local Storage : Newt and its advertising and technology partners may, in some instances, use HTML5 and/or Flash Local Storage (collectively, "Local Storage") to enhance your listening and advertising experiences on the Service. For example, we use Local Storage to keep track of the current song playing in the event your browser window reloads inadvertently, that way we can continue playing that song starting at the same position it was prior to reload. Our advertising and technology partners may use Local Storage to detect your bandwidth speeds for optimal video playback performance. Each browser implements HTML5 Local Storage differently and provides tools for managing content stored within local storage. You can review your browser's privacy settings to manage the content stored within HTML5 Local Storage. Similarly, for more information on how to manage content stored with Flash Local Storage, please review this document provided by Adobe.

4. How We Use Information We Receive or Collect

Generally : Newt may use your Registration Data and other information or data we receive or collect, as well as data we derive or infer from combinations of the foregoing, for a variety of purposes, such as: To facilitate the creation of and secure your account on the Newt Service. To provide and improve the Newt Service, and to develop new products and services. To customize and personalize the advertising and other content we deliver to you both on the Service and on other services offered by our publishing partners. We use this information to provide you with relevant and interesting advertising and other content. To measure and analyze Service usage and enhance the listener experience on our Service. We use tracking information to determine how well each page and station performs overall, based on aggregate listener demographics and traffic patterns to those pages and stations. This helps us continue to build a better Service for you. To fulfill your requests for certain products and services, such as distributing electronic newsletters and enabling you to participate in and renew paid services, surveys, and public forums. To send you information that you requested or agreed to receive. To alert you to the latest developments and features on our Service and to notify you of administrative information, such as security or support and maintenance advisories. To invite you to participate in events or special promotions related to artists or products we think you may like or in which you may be interested. To pay artists and rights owners for tracks you hear, by reporting aggregated or deidentified listening information to copyright owners and licensing agencies. To conduct and support research and publication around the art and science of sound and music, and the connections they inspire, as well as other areas of technological advancement pertinent to our products and services. Push Notifications : We may send you push notifications from time to time in order to update you about events and promotions. If you no longer wish to receive these types of communications, you may turn them off at the device level in your app settings. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. Email Address : We do not sell or give your email address to other companies for their own marketing purposes without your permission. However, we may use your email address or other Registration Data to provide you with technical support, send you notices about the Service or other promotional offers you have elected to receive, and to serve you with ads that are more relevant to your interests. We may also work with data partners and advertising platforms to help increase the relevance of ads we provide to our listeners. In doing so, we may use information representing an encrypted or hashed value derived from information we have received, such as your email address, in connection with these partners and platforms. Contact Information : We do not sell or give your Contact Information to companies for their own marketing purposes without your permission. We do use Contact Information, however, to contact you, and to provide you with special offers and other information. If you provided your Contact Information as part of your use of Newt's Artist Marketing Platform, we may use your Contact Information to update you on new features and functionality made available as part of the Artist Marketing Platform, or the status of your content submission. You may at any time request that we cease using your Contact Information by contacting User Support.

5. How We Share Information We Receive or Collect with Others

Related Companies : We share information we collect with our parent corporation, Sirius XM and its subsidiaries for the purposes described in our respective privacy policies, and to offer, provide, and improve services and products offered both individually and jointly with other Sirius XM companies. Sirius XM's privacy policy is available at www.siriusxm.com/privacy. Additionally, we may share your personal information, with our successor in interest in the event of a corporate reorganization, merger, or sale of all or substantially all of our assets. How Your Information Is Shared : Newt may share information we receive or collect in a variety of ways, such as: When you give Newt permission through an affirmative election (for example, clicking "yes" in response to a message such as "share my email with this advertiser"). When you participate in community and social networking features on the Newt Service, such as Newt Community, forums, listener opinions and reviews, or other forms of communication and interaction which you elect to make public or share on public profiles or in other public forums. If we contract or partner with third parties to provide specialized services on our behalf, such as credit card processors, customer support, ad servers or other providers of advertising services, platform technology providers, bulk email processors who send out emails on our behalf, or parties who assist us with sweepstakes management and prize fulfillment. These companies are authorized to use your personal information only as necessary to provide these services to Newt. They are not authorized to use your personal information for their own, unrelated purposes. Sharing information about the artists, tracks, stations, and playlists you have created or listened to via the Service, or that are associated with your account, if you have elected to share that information publicly. If your Newt profile is marked as private, your stations may appear in a search, but your profile will not be linked to that station; however, if someone already knows and enters your entire email address into our search system, they will be able to see a list of all the stations created under that email address. If you elect to take advantage of certain features or services provided jointly by Newt and third parties, we may share certain information about you with those third parties for account authentication and management, and to enable the Service on their platforms. For example, when you elect to use products, services, features, or functionality, such as Google Now or Newt for Business, provided by third-party partners, such as Google or Mood Media (respectively), you agree that we may provide certain data about you to those partners in order to enable the product, service, feature, or functionality you intend to use. As another example, when you share information through integrated social networking platforms, such as Facebook, you are agreeing to allow the Newt service to communicate or "talk" with the other service in order to make the social features available for your use. These service providers may have their own data collection, use, and sharing practices that may also be applicable to your personal information, and that are not covered by this policy. You acknowledge and agree that you are solely responsible for your use of those third-party service providers and that it is your responsibility to review the terms of use and privacy policies of the third-party service providers and the methods they use for changing the privacy or sharing settings on such services. If you have given permission to a third party for us to share data about you with them. For example, if you participate as a panelist in a survey with an analytics company, you may, as part of your agreement with that company, have authorized that company to receive data from us about you. To measure and analyze Service usage. For example, we use third-party providers such as Nielsen and ScorecardResearch to measure how long and how frequently you are using the Service. Advertising entities may use these providers to measure the effectiveness of their advertising campaigns. When we use these providers, we provide them with information such as device identifier. Legal and Security Purposes : We may share your information in order to (i) protect or defend the legal rights or property of Newt, or the legal rights of third parties, employees, agents, and contractors (including enforcement of our agreements); (ii) protect the safety and security of Newt users or members of the public including acting in urgent circumstances; (iii) protect against fraud or to conduct risk management; or (iv) comply with the law, legal process, or legal and government requests. Sharing of Device Information : Newt may share information we gather from devices you use to access the Service with its third-party vendors or service providers, manufacturers or distributors, or advertising entities. We share this information for a variety of purposes such as mobile listening capping, advertising frequency capping, tracking advertising conversion events, estimating the number of unique users, security and fraud detection, debugging problems with the Newt Service, and for providing you with more relevant advertisements. Sharing of Deidentified, Aggregated, or Anonymized Information : Newt may share with third parties, advertisers, and/or business partners deidentified, aggregated, or anonymized information we receive or collect, such as demographic information, location information, information about the computer or device from which you access the Service, or information about your interactions with the Service. We share such information for a variety of reasons, such as to analyze Service usage, improve the Service and your listener experience, improve the serving of advertisements, or for other similar purposes. Information You Disclose in a Public Profile or in Public Forums : The Newt Service offers publicly accessible and available profile pages, Newt Community, community forums (such as artist, song, or advertiser pages), blogs, and pages on social media platforms. You should be aware that any information you provide or post in these areas may be read, collected, and used by others who access them. If your profile is public, any information you place in your user profile, including biographical information, the people you are following, and the people whom you allow to follow you, may be read, collected, and used by others who access them. To request removal of such information from our public forums, contact our User Support team. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to do so and why. To find out more about how to make your profile private, please see the section below on Newt Profile Visibility. Data Sharing : If your personal information is transferred or shared as described in this policy, we will seek assurances from the recipients of such information (prior to the transfer) that they will safeguard the information in a manner consistent with this policy. We ask recipients of such information to enter into a contractual relationship with us that includes confidentiality and non-disclosure clauses, and provides the same level of commitment to and protections of information as provided in this policy.

6. Advertising & Measurement Settings

Opting Out of Behavioral Advertising on the Web : In our effort to provide you with advertisements that may interest you, Newt and third-party advertising entities use data in the manner disclosed in this policy to provide you with relevant ads. To learn about how the online advertising industry uses information it collects to provide you with relevant ads, and to control whether you want to receive those relevant ads from third-party advertisers, please review the information at the following links: Your Advertising Choices on Newt AdChoices Understanding Online Advertising (About Our Ads) Because we do not control the privacy practices of third-party advertising companies, you should read and understand their privacy policies. You acknowledge and agree that you are solely responsible for reviewing the privacy policies of such third-party advertising companies and the methods available, if any, for changing privacy settings and the like. Opting Out of Behavioral Advertising on Mobile and Tablet Devices: If you are using an iOS-based device and do not want to receive tailored in-application advertisements that relate to your interests, you may be able to limit these advertisements by enabling "Limit Ad Tracking" on your iOS Device following these instructions from Apple. If you are using an Android-based device and you do not wish to receive tailored in-application advertisements, you can visit Google's Ads Settings page from a browser on your Android-based device and make your choices there. Newt does not control the applicable platform operator-supplied ad settings, which may be updated or removed in accordance with each platform operator's respective policy. You should contact the platform operator if these options are no longer available. Opting Out of Third Party Service Measurement and Analytics : As disclosed in this policy, we use third-party providers to aid us in measuring and analyzing service usage. You may opt out of web-based participation in these measurement services by following the instructions on the following web pages for each respective company: Nielsen and Scorecard Research. To opt-out of participation on mobile and tablet devices, please follow the instructions above listed in the section for Opting Out of Behavioral Advertising on Mobile and Tablet Devices.

7. Managing Your Information

Modification of Your Registration Data : We provide you with the ability to access and modify your Registration Data, which you may do through the Settings section of our Service or by contacting User Support. For detailed instructions on how to modify your Registration Data or to otherwise access this information, visit help.Newt.to. We generally respond to help requests within 24 hours of receiving a request, but it may take up to 30 days depending on the volume of requests we receive. Retention of Your Registration Data and other Information : We will retain and use your Registration Data and the other information we collect about you for as long as your account is active or as needed to provide you Services. We will retain and use this information for the purposes for which it was collected (as specified in this policy or as Newt discloses to its listeners outside of this policy), including, to provide the Service to you, comply with our legal obligations, resolve disputes, and enforce our agreements. If you would like to delete your Registration Data, or if you would like more information on cancelling or deactivating your account, see the section below on Cancellation or Deactivation of Accounts. Your Email Preferences : When you register for the Service, you may elect to receive promotional, marketing, or other similar emails tailored to your interests. You have the option to change this election in your account settings. For information on how to opt in or out of receiving promotional, marketing, or other similar emails from us, visit help.Newt.to. Additionally, you may also follow the unsubscribe instructions contained in the promotional, marketing, or other similar emails you receive. We will send you transaction confirmation emails and other Service-related announcements when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. Cancellation or Deactivation of Accounts : If you would like to request the cancellation or deactivation of your account, you should contact our User Support team for assistance. Cancellation or deactivation of your account does not ensure complete or comprehensive removal of the content or information you may have posted or otherwise made available publicly on the Service while you were a registered user. You should also contact our User Support team to request the deactivation of a profile you believe is fake or otherwise unauthorized. Newt Profile Visibility : When you register for the Newt Service, your profile and listening activity will be public. When the visibility of your Newt profile is set to public, the Service automatically publishes your listening activity to your profile. For example, if you create a new station or thumb up a song, that activity will be posted in your Newt profile for members of the public to view. We provide you with the ability to change the degree of visibility of your Newt profile. For detailed instructions on how to adjust your Newt profile visibility settings, visit help.Newt.to. Please note that changes to the visibility of your Newt profile do not have any impact on the advertising you may see if you use the ad-supported version of the Service. Cached Profiles on Search Engines : Although we may deactivate your account or make your profile private at your request, Internet search engines such as Google and Bing cache publicly available webpages for a period of time beyond the control of Newt, and may make your deactivated or formerly public profile available to users of their services on their platforms until such time as they refresh their webpage cache. Please consult with the applicable search engine to determine how you may remove webpages from their webpage cache.

8. Security and Content from Other Websites

Protection of Data from Loss : We have implemented security measures designed to protect against the loss, misuse, and alteration of the information we collect or receive from you. For example, when you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). However, despite our efforts, no security measures are perfect or impenetrable. If you have any questions about security on our Service, you can contact our User Support team. Data Integrity : We use the information we collect in ways that are relevant and compatible with the purpose for which that information was collected or provided to us as disclosed in this policy. We will take steps to ensure that all information collected, processed, and/or stored is protected from destruction, corruption, or use in a manner inconsistent with our policies or the purpose for which we received it. Links to Other Websites : Our Service and certain advertisements on our Service include links to other websites whose privacy practices may differ from those of Newt. If you submit personal information to any of those websites, the privacy statements and practices of those websites govern their use of your information. We encourage you to carefully read the privacy statement of any website you visit. Use of Framing Techniques : Some of our third-party partners may utilize framing techniques to serve content to and from webpages accessible through our Service while preserving the look and feel of our website. Please be aware that if a third-party partner utilizes framing techniques, you are providing your personal information to this third-party partner and not to Newt.

9. Our Policies Concerning Children

Newt prohibits registration by, and does not knowingly collect personal information from, anyone under 13 years of age. In the event we obtain actual knowledge that we have collected information from children under the age of 13, we will take measures to remove such information from our servers. If you believe that we might have any personal information from a child under 13, please contact our User Support team.

10. Your Privacy Rights Under State Laws

Your personal information and its collection, use, sources, and sharing are described in this policy. Please see below for additional provisions, as required under the consumer privacy law of your state. California Residents Your rights under Cal. Civ. Code § 1798.83 (Shine the Light law): We only share personal information (as defined) with third parties for direct marketing purposes if you either specifically opt-in, or are offered the opportunity to opt-out and elect not to opt-out of such sharing at the time you provide personal information or when you choose to participate in a feature on the Newt Service. If you do not opt-in or if you opt-out at that time, we will not share your personal information with that identified third party for direct marketing purposes. Your rights under Cal. Bus. & Prof. Code § 22575(b) ("Do Not Track" Browser Settings): You are entitled to know how we respond to "Do Not Track" browser settings. Like many other websites and online services, we do not currently alter our practices when we receive Do Not Track signals as there is no consensus among industry participants as to what "Do Not Track" means in this context. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com/. Your rights under the California Consumer Privacy Act of 2018 (CCPA): CCPA provides for certain disclosures about your rights and the personal information we collect, sell, and disclose for a business purpose. To view this information or exercise your rights under CCPA, visit Your California Consumer Privacy Act Rights. Nevada Residents : If you are a resident of Nevada, you may apply limits to the sale of certain personal information to third parties for resale or licensing purposes, subject to applicable law. Newt does not sell your personal information for such use. You are entitled to register your preference for limits on such sales in the future by sending an email to privacy @ Newt.to, with the subject line, "Nevada Do Not Sell Request" along with your first and last name, zip code, and whether you are a former or current Newt listener. If you are a former or current Newt listener, in order to process your request, your email address must match the email address on your account.

11. Transfer of Information of International Listeners

If the Newt Service is offered outside of the U.S., the information you submit to us may be transferred to the U.S. and other countries to be processed by us or our service providers in order to provide the Service to you or for such other purposes as set forth in this policy. If you are not a resident of the U.S., you hereby consent and agree that we may collect, process, use, and store your information, as discussed in this policy, outside your resident jurisdiction, including in the U.S. Please be aware that U.S. law and the laws of other countries where we may store and process your information may offer different levels of protection for information than may be available in your country.

12. Changes to our Privacy Policy

We will continue to evaluate this policy against new technologies, business practices, changes in law, and our listeners' needs, and may make changes to the policy accordingly. Please check this page periodically for updates. If we make any material changes to this policy, we will post the updated terms of the policy on the Service, and provide you notice of such changes, which may include notice by email through a message sent to the email address you use to access the Service, or posting a message on the Service. Any material changes to this policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of notice of the changes on the Service. These changes will be effective immediately for new users of the Service. Please note that at all times you are responsible for updating your information to provide us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

13. Governance

Enforcement : Newt will conduct compliance audits of our relevant privacy practices to verify adherence to this policy. Further, we will conduct follow up investigations to verify that attestations and assertions regarding our privacy practices are accurate. You may inquire about an inaccuracy or make a complaint about a potential violation to us via the contact information provided below. We do engage in training to support implementation and compliance of our privacy practices; any employee that we determine is in violation of this policy may be subject to disciplinary action. Dispute Resolution : Questions or concerns regarding our use or disclosure of information may be directed to our User Support team. Newt will investigate and attempt to resolve complaints and disputes regarding use and disclosure of information in accordance with the principles contained in this policy. For complaints that cannot be resolved between Newt and the complainant, Newt agrees to cooperate with the respective data protection authorities located in the applicable country (or their authorized representatives) and participate in any dispute resolution procedures established by such authorities. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. TRUSTe

14. Contact Us

If you hav any questions about this privacy policy, or the privacy practices of Newt, contact us at hi@newt.to