PRIVACY POLICY (Including Your California Privacy Rights)

ebooks.connect.com


Last Updated and Effective: April 10, 2008

Version 1.4

At Sony Connect Inc. we believe that you, as a user of our Services (defined below), have a right to know our practices regarding the information we may collect when you visit or use our Services. This privacy policy ("Privacy Policy") is a legally binding agreement you have with us and, among other things, provides you notice of our information management practices, including the types of information we collect, how such information is used, stored and safeguarded, and the degree to which you may control the maintenance and our sharing of your information.

In order to use some of our Services, such as to register, download Software, purchase content from the Services, or to receive promotional or marketing communications that may be available through any of our Services, it may be necessary for you to provide Personal Information (defined below) or other information. If you choose not to provide such Personal Information or other information, you may not be able to do some or all of these things.

When we use "our", "we" or "us" in this Privacy Policy, we mean not only Sony Connect Inc., but also the agents and contractors that operate or administer any of the Services or conduct Service-related activities on our behalf. All capitalized terms used in this Privacy Policy are defined either within the terms and provisions of the Privacy Policy or in the "Definitions" Section below.

(Note: Certain policies concerning the manner in which we maintain, safeguard and manage the Personal Information of Canadian users of our Services is set forth in Section 16 below.)

1. What Privacy Policies Are Applicable to Me?

This Privacy Policy governs our use and management of your Personal Information and other information, and applies to the Services, unless otherwise indicated or stated. This Privacy Policy does not apply to any other software, websites, services, goods, or materials (tangible or intangible), even if they are Sony® branded or are linked to/from any of our Services.

It is important to note that some of our offerings are made available to you by both us and our partner, Borders Properties, Inc. ("Borders"), on a joint basis. Therefore, when you take certain actions, you may be participating in such joint offerings and your Personal Information and other information that we previously or thereafter obtained from you (or that you previously or thereafter provided to us) in accordance with this Privacy Policy will also be provided to Borders. Please note that if you have not accepted a version of this Privacy Policy that is dated either October 12, 2007 or later (which shall be referred to herein as the “Borders Exclusion”), then your Personal Information and other information will not be provided to Borders unless you expressly agree otherwise.

If your Personal Information or other information is provided to Borders, Borders will use, manage, and maintain your Personal Information and other information in accordance with Borders’ own privacy policy. By agreeing to this Privacy Policy, you also agree to the terms of the Borders privacy policy if you now or later take any of those actions identified in the "The eBook Store from Sony at Borders" Section of this Privacy Policy (at Section 8 below). You should review Borders’ privacy policy (which is incorporated herein by this reference) by visiting https://beta.bordersstores.com/online/store/CustomerServiceView_privacypolicy. We, however, will always use your Personal Information and other information in accordance with this Privacy Policy. Your credit or debit card account number, expiration date, and account security number, which you may provide to us, will never be provided to Borders unless you expressly provide your consent.

The following are two examples of those actions that if taken by you will result in your Personal Information and other information also being provided to Borders (a complete list is provided in the "The eBook Store from Sony at Borders" section below, within Section 8 of this Privacy Policy):

(i) you register for the Service through The eBook Store from Sony at Borders (available after October 11, 2007), which is jointly brought to you by us and Borders (you will know you are doing so because both our (or Sony) and Borders branding will be visible to you), or

(ii) you register a new account with us after October 11, 2007, and you redeem a prepaid card, gift card or promotional code that displays both our (or Sony) branding and Borders branding to that account before you purchase or download content using that account.

Subject to the Borders Exclusion, by taking any of these actions or any of the actions described in the Section of this Privacy Policy of titled "The eBook Store from Sony at Borders", you agree that the Personal Information and other information you previously or thereafter provide to us in accordance with this Privacy Policy (or that was previously or is thereafter collected from you by us in accordance with this Privacy Policy) will also be provided to Borders for Borders’ use in accordance with its privacy policy.

If you take an action that causes you to be registered with the eBook Store From Sony at Borders and no longer want Borders to have your Personal Information, you may contact us to make this request. We will make reasonable efforts to accommodate your request; however, we may require that you also contact Borders. To contact us, go to http://ebooks.custhelp.com. Please note that if Borders does not have access to your Personal Information, then you may not be able to participate in offerings or purchase products that may be specific to our joint offerings with Borders.

You must be at least 18 years of age to (a) agree to accept this Privacy Policy on your own behalf (your agreement to accept this Privacy Policy is, if applicable, also your agreement to accept Borders’ privacy policy if you take any of the actions described in Section 8 below, "The eBook Store from Sony at Borders"), (b) provide Personal Information to us, (c) use the Services, or (d) use a credit card or similar pay instrument at or through the Services, unless otherwise permitted by us. If you are under 18 years of age but at least 13 years of age, your parent or legal guardian must accept this Privacy Policy (and all applicable Terms of Service and End User License Agreements) and transact with us on your behalf (you may not transact with us directly).

2. Acceptance of Privacy Policy.

You accept and agree to be bound by and comply with all of the provisions of this Privacy Policy (this includes the Borders’ privacy policy that is incorporated herein) if you do, or attempt to do, any of the following: (i) download, install, copy, or otherwise access or use all or any part of any of our Services; (ii) provide information through, on, or to the Service; (iii) select or click "I Agree", "I Accept" (or other comparable, reasonably equivalent, or similar words); or (iv) continue the registration or installation process. As a reminder, we use the terms "use" and "using" to mean any time you download, install, copy, transmit, access, initiate or utilize any of the capabilities, features or functions of our Services or if you attempt to do any of these things. If you do not agree to any provision of this Privacy Policy, click the icon or button that denotes "I Disagree" or "Cancel" (or any comparable, reasonably equivalent or similar words) and do not do or attempt to do any of (i) through (iv) above.

3. Notice To California Residents - Your California Privacy Rights.

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") is entitled to request information about whether the business has disclosed his/her personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business maintains and adopts and discloses to the public (in its privacy policy) a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer affirmatively agrees to the disclosure (i.e., the customer opts in). Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right. We do not share your Personal Information with third parties for their direct marketing purposes unless you consent.

California Customers may request information about our Privacy Policy by emailing us at privacy@sonyconnect.com. Please note that we are required to respond to one request per California Customer each year and we are not required to respond to requests made by means other than through the use of the above-designated email address. If you are registered with any of our Services, please clearly indicate in your email which Services you have registered with. This will assist us in responding to your request more efficiently and rapidly.

4. Special Notice to Parents Regarding Children Under 13.

We recognize the sensitivity of Personal Information concerning children under the age of 13 and are committed to complying with all applicable laws and regulations regarding the collection, storage and use of Personal Information concerning children under the age of 13, including the Children's Online Privacy Protection Act.

We do not target, intend to collect or allow the collection, storage or use of any Personal Information or other information from anyone under 13.We do not and will not knowingly collect, maintain, store, use or disclose such information. If you are under 13, you should not use our Services or enter or otherwise provide any Personal Information or other information about yourself through our Services. If you are a parent or guardian who knows or has discovered your child under the age of 13 has submitted his or her Personal Information or other information without your consent, permission or authorization, once we verify you are the child’s parent or legal guardian, upon request, we will remove your child’s Personal Information or other information from our database. To request removal of your child's Personal Information and other information, email us at privacy@sonyconnect.com and be sure to include the same user name, email address and password your child submitted. If you don’t know or are not sure, please so state in your email.

5. Personal Information Collected & Use.

General. Please note that you are responsible for providing your most current, accurate and complete Personal Information or other information to us. If you provide your Personal Information or other information to us, you may be able to register Software or other products, make purchases from our online stores, participate in beta tests, contests, Promotions, trial offers, chat rooms, and on bulletin boards, receive emails and text messages, complete a registration, subscribe to newsletters or mailing lists, and purchase products, content and services using any of our Services. We may combine Personal Information or other information you provide to us with other information we collect from you or from third parties so that we can more effectively tailor our Services and Offerings to you and our other users. Upon request, we will use reasonable efforts to allow you to inspect, update or correct Personal Information to the extent that changing the data will not compromise privacy or security interests. However, except as required by law, we reserve the right to charge a reasonable fee for you to inspect your Personal Information held by us.

Credit Card Information. You must provide your credit card or other payment account information to obtain goods, content, products, memberships or services that require payment. We verify the validity of that information and use it only for credit and payment purposes. This account information (account number, expiration date and account security number) is only shared by us with third parties as necessary to authenticate and process your payments. Credit card information you submit during the registration process is handled over secure, encrypted connections; however, no Internet or wireless transmissions are completely secure and we cannot and do not guarantee that unauthorized access will never occur.

Promotional Information. We may ask you for Personal Information or other information at various times, including, but not limited to, the times you enter a promotion, contest, sweepstakes or respond to an offer (each, a "Promotion") (Note: we reserve the right to exclude residents of Quebec from certain Promotions). Requested Personal Information may include contact information (such as name, email address and shipping address), and demographic information (such as zip code and age). You may not be able to participate in a Promotion that involves or is sponsored jointly with a third party without granting us permission to share your Personal Information with the co-sponsor of the event or to the prize provider, promotional agency or administrator for the purpose of administering the event or offering. Participation in Promotions is completely voluntary and, subject to the requirements of each the Promotions, you always have a choice whether or not to participate.

Reviews, Ratings and Postings. We may allow you to request that a review, rating or posting created by you regarding available content (or content you have purchased) be posted at the website of any of the Services. Creating and posting reviews, ratings and postings is entirely voluntary and we have no obligation to you, nor will you receive anything for any submission. We reserve the right to also post any and all information you provide with your review, rating or posting (which may include, but may not be limited to, your first and last name, email address and location), and to remove, rate and/or edit your review, rating or posting. Please note that if your name or city of residence or any other information you provide is posted as described above and you change your name or city of residence or any other information you previously provided to us, we cannot and do not guarantee that such information will also be updated in any prior postings. IMPORTANT: If you submit a review, rating or other posting to us, and your review, rating or other posting is in fact posted and is posted with your name, city of residence or any other information about you, you understand that this information may be viewed by other users, whether or not they have registered with the Service and you should assume this information will be publicly available.

Surveys. From time to time we may request that you participate in surveys to help us improve our Services or to better understand our online visitors, our users, registered users and subscribers. If you participate, Personal Information or other information you provide to us is provided voluntarily by you and you do so with the understanding and knowledge that under our Privacy Policy, you are giving us your permission, and we reserve the right, to collect, store, process and/or use such Personal Information (and other information) for our internal purposes. We may also use it and for any other purposes and/or share it with anyone we disclose to you when we ask you to participate in the survey.

Customer Support. The Services may offer support and technical assistance via telephone or email. Whenever you communicate with customer support, you do so with the following understandings: (i) in order to provide the assistance you need, we or our operator or supervisor may view, use and revise your Personal Information (or any other information you may provide in your communications regarding support and assistance), (ii) we or our customer support may reply to you via email, phone, text or SMS message, and (iii) we may use the communications for quality assurance purposes.

6. Personal Information We Collect.

System Information. We collect your computers', systems' and/or networks' IP addresses and message information for system administration, record keeping, capacity planning, volume and other operational reasons, as well as for advertising and royalty reporting as necessary in the conduct of its business. When you use our Services, our servers record this information, which may be stored with your registration, order or other information you provide to us. This may allow us to determine which other websites refer to us.

Information About Your Visits. We collect and maintain Personal Information and other information about visitors to our Services, users of devices that access or use our Services, anyone who sends us information or communications, and recipients of our communications. Much of this information we may gather directly by asking (e.g., hobbies, interests, purchasing habits, music preferences, difficulties in using a particular feature), but we also aggregate information in a non-personally identifiable manner using our technology, such as visitors' and users' browsing or use activities, the domain or mobile phone area code or device number and carrier from which a visitor accesses or clicks through to a Service, page views, downloads, streaming and the like. We use information from our visitors to enhance and customize our Services and the advertising and Promotions we make available to attempt to create a better experience. We aggregate information (meaning it does not identify any individual) to analyze trends and statistics to improve your online experiences, our Services, and customer support. If you visit or use the Services or have registered or provided us with Personal Information about yourself, it is likely that cookies (how we use "cookies" is described in the section below entitled "Cookies") allow us to identify you and associate you with your registration, your applicable Account, user name or ID, information and preferences. Please note we may provide Service-related Account attribution to our agents and contractors.

Cookies. When you visit any of our Services, we may use technology commonly referred to as a "cookie" which stores small bits of data on your computer. While actual "cookie" technology is currently among the most common, we may use a wide variety of technological tools, means and mechanisms (e.g., XML technology, clickstream data, etc.) to help us improve and enhance the Services we provide. We will use the term "cookie" to refer to any and or all of these tools, means and mechanisms, whether they are currently available and in use, developed or discovered in the future or otherwise. We use cookies in a variety of ways. For example, we use cookies to save your user ID, Account number or other information (so you do not have to re-enter it each time you visit or use our Services) and to help us keep count of your return visits to our Services and, in some cases, to our advertisers' or partners' or co-branded websites, which helps us determine which Services, Promotions, features, content and functions users like best. In general, browsers or separately purchased software tools may allow you to erase cookies from your hard drive. You may not, however, block your cookies, or you will not be able to use the Services. In addition, for all of our Services, you acknowledge and understand that erasing cookies in connection with our Services may limit or restrict your ability to use all the features and functions of our Service. We may also use technology to detect the absence or presence of any versions of Software or Software updates installed on your computer and to track and monitor content you are downloading, streaming, using or otherwise accessing. Any or all of these activities can occur periodically or when necessary, without any other specific notice to you. We may also use cookies to identify your computer each time we automatically updates or attempts to update your Software. Cookies allow us to transmit and arrange for automatic installation of updates, modifications and even full re-installations of Software on your computer to address security, digital rights management, interoperability or performance issues or to enhance the range of features and functions available through our Services. Any or all of these activities can occur periodically or when necessary, without any other specific notice to you.

Computer ID. Some of our applications may generate a computer identification ("ID") value during the installation process. This is a number that serves to identify your computer for licensing purposes only and contains no specific information about you, your computer, or any files or other data on your system. Computer ID values serve as an effective way to combat software piracy.

7. Using Your Personal Information. Without your specific consent, we may communicate with you concerning any of the following: (i) your Accounts, (ii) your transactions, (iii) your use of any of our Services, (iv) Software or updates, (v) to provide you with Service announcements, and (vi) for customer support purposes (including responding to inquiries or requests you send to us). Unless you instruct us otherwise, we may also communicate with you about products, services, Promotions, or other activities we believe may be of interest to you. We will provide you with check boxes (some we may set to ‘opt in' by default) which you can select or unselect, indicating your preferences regarding how and for what other purposes we may communicate with you. If you are or become a recipient of our commercial communications, there are two ways you may opt out of receiving further commercial communications from us. To receive no further commercial communications from us, you may send an email to customer support from the "Support" or "Help" section of our Services and request to be opted out of all future commercial communications. In addition, in each commercial communication you receive from us, you will be given the opportunity to "Unsubscribe" or "opt out" from receiving future communications of that type. Please note, however, that using this second mechanism will not unsubscribe you from any other categories of communications with respect to any of our Services unless you specifically unsubscribe or opt out of receiving those communications as well. Of course, you can always contact the customer support staff through the available customer support mechanisms for the particular Service involved and we will be glad to assist you.

8. Sharing Your Personal Information.

General. We may share your Personal Information or any other information we may have for marketing purposes: (a) with any of our Affiliates; and (b) with third parties, if you have ‘opted in' or you otherwise provide your consent for sharing with such third parties for marketing purposes.

We may also disclose your Personal Information we may have: (i) as required by law, regulation, governmental or judicial process or court order; (ii) as required to respond to an inquiry, request or complaint you have made; (iii) to persons or companies whom we engage to carry out or provide customer, technical or other support for the operations of our Services, our business, operations and activities; however, such persons and companies may not use such information for any other purposes unless you give your consent; or (iv) to protect the safety or property of you, our users, any third parties, the public, our suppliers, contractors, licensors or us and our Affiliates. We may also share aggregate information (but not Personal Information) about our visitors and users with advertisers, business partners, sponsors and other third parties. We may also share non-personally identifiable information concerning your use of and visits to our Services with third party affiliate marketing companies (e.g., companies that host advertisements and links to their clients' websites) for the purpose of measuring the effectiveness of marketing programs. These third party affiliate marketing companies will record pages you visit and, again, the information collected by these affiliate marketing companies is not personally identifiable.

The eBook Store from Sony at Borders. As discussed above in Section 1 of this Privacy Policy, Borders is one of our partners and we and Borders jointly make certain offerings available to you. If you participate in these offerings, then your Personal Information and other information may be provided to Borders. More specifically, there are certain discrete actions that if taken by you will result in your Personal Information or other information that is previously and thereafter provided by you or collected from you in accordance with this Privacy Policy also being provided to Borders. These actions are as follows:

(i) you register through The eBook Store From Sony at Borders, which is jointly brought to you by us and Borders (you will know you are doing so because both our (or Sony) and Borders branding will be visible to you at the time you register), or

(ii) you register a new account with us after October 11, 2007, and complete any one of the following actions before you purchase or download content using that account:

(a) redeem a prepaid card, gift card or promotional code that displays both our (or Sony) branding and Borders branding;

(b) redeem a prepaid card or gift card or promotional code that displays only our (or Sony) branding which was purchased or received from a Borders retail store or a Borders online retail location (a "Borders Store");

(c) you tell us that you heard about us through Borders or that you purchased your Sony Reader device from Borders; or

(d) you download Software that you received from a Borders Store or at a web page that contains both our (or Sony) and Borders branding.

By taking any these actions, you agree that the Personal Information and other information you previously or thereafter provide to us in accordance with this Privacy Policy (or that was previously or is thereafter collected from you by us in accordance with this Privacy Policy) will also be provided to Borders for Borders' use in accordance with its privacy policy. (Please note that your credit or debit card account number, expiration date and account security number that you may provide will only be transmitted to Borders if you provide express consent through an opt-in mechanism and that we will always use your Personal Information and other information in accordance with this Privacy Policy.) We do not control Borders' use or treatment of information you provide (or that Borders collects from you). Therefore, before you agree to the terms of this Privacy Policy, you should consult the Borders privacy policy by visiting https://beta.bordersstores.com/online/store/CustomerServiceView_privacypolicy (which is incorporated herein by this reference) to determine your rights with respect to Borders' use and treatment of your Personal Information. By agreeing to this Privacy Policy and later taking any of the actions described above, you are also agreeing to the Borders privacy policy. If Borders materially changes its privacy policy, you will be notified in the same manner as you will be notified of a material change to this Privacy Policy (see Section 15 below).

Borders may contact you with marketing messages if you affirmatively agree to receive such messages from either Borders or "our partners". You must communicate with Borders directly if you decide you no longer wish to receive communications from Borders or if you wish to amend or change the Personal Information or other information that Borders has obtained from you. However, if you take an action that causes you to be registered with the eBook Store From Sony at Borders and no longer want Borders to have your Personal Information, you may contact us to make this request. We will make reasonable efforts to accommodate your request; however, we may require that you also contact Borders. To contact us, go to http://ebooks.custhelp.com. Please note that if Borders does not have access to your Personal Information, then you may not be able to participate in offerings or purchase products that may be specific to our joint offerings with Borders.

Third Party Use of Information. Whenever another party obtains or is otherwise provided your Personal Information (or other information) pursuant to this Privacy Policy, these other parties may use and treat your Personal Information in accordance with their respective privacy policies. If permitted by the applicable third parties' privacy policies, you may revoke your consent for third parties to have your Personal Information or other information at any time, but to do so you must communicate directly with the applicable third parties. We do not control and are not responsible for these other parties, their privacy policies or their use or treatment of your Personal Information or other information. We and our Affiliates make no representation regarding how any third parties use, manage, store, treat or maintain your Personal Information or other information and you should therefore carefully review all such third parties' privacy policies. If you unsubscribe from receiving communications from any third party, you will not automatically be unsubscribed from receiving communications you previously consented to receive from us. Similarly, if you unsubscribe from communications you have consented to receiving from us, you will not automatically be unsubscribed from receiving communications from a third party.

Affiliate Use of Information. All of the provisions in the immediately-above Section ("Third Party Use of Information") apply to Affiliates in addition to other third parties. In addition, if we provide an Affiliate with your Personal Information (or other information) pursuant to either this Privacy Policy (e.g., pursuant to the Section entitled "Sharing Your Personal Information - General"), an opt-in, or after obtaining your consent other than through this privacy policy, you will be notified that we have shared your Personal Information or other information and the name of the Affiliate that we shared with so that you can have an opportunity to review the Affiliate's Privacy Policy. However, if we provide the name of the Affiliate in the opt-in or request for consent language, we will not provide this additional notice.

Mergers, Acquisitions and Transfers. By using any of our Services, you will be deemed to have consented to the transfer, disclosure and use of any Personal Information or other information about you that we have obtained and that is governed by this Privacy Policy, by any owner, operator or successor to the assets of our Services, including any assignment, transfer, sale or license of all or any portion of our rights and to one or more of our Services. Your continued use of any or each such Service on or after the effective date of any such assignment, transfer, sale or license will be deemed your consent and agreement to be bound by all the terms and conditions and privacy policy of the subsequent owner, operator or successor.

9. Reporting Information. We are required to provide reports, without providing any Personal Information, to our licensors and owners of content available at the Service, concerning downloads, transfers, viewing and listening to content and other information related to user activity, among other things, to ensure proper royalty payments by us to our licensors and content rights holders.

10. Communications With Friends. Some of our Services may have features that allow you to send information to others. You understand, acknowledge and agree that you may be charged by your wireless or mobile carrier for all messages sent to or received by you or your wireless or mobile device and you are responsible for the standard message or other rates and charges that apply to you. Under no circumstances will we be responsible for any charges (including, but not limited to, wireless email or text messaging charges) incurred by you or any other person that has access to your user name or passwords, your Account, your email address, your wireless or mobile device, device number, or SMS or MMS code. We may, but we do not have an obligation to, monitor your communications, such as messages, to, from, within or directly related to our Services to ensure that our policies regarding use and our terms and conditions are being complied with and not being violated (e.g., no obscenity, defamation or abusive language, no content that may infringe rights) and we have the right to block, remove and/or report any such communications and activities as appropriate. We may keep records of users' messages and, among other things, the email addresses involved.

11. Security. Subject to and consistent with our Terms of Service, we take reasonable commercial precautions in maintaining the security and confidentiality of your Personal Information (and other information) and preventing unauthorized access. For example, when using your credit card on the Service, we use SSL (Secure Socket Layer) encryption with our credit card processors. Although we take these precautions in maintaining the security of your Personal Information (and other information), we cannot and do not guarantee that unauthorized access will never occur or that any communications over the Internet, telephone, wireless or other communications means will be uninterrupted, error free or not intercepted by others improperly and without authorization.

12. Links to Other Sites. From time to time we may offer links to other websites from our Services. Other websites may also reference, advertise, or link to our Services. However, we do not endorse or sponsor other websites, are not responsible for the privacy policies, practices or the content of such websites, expressly disclaim any statements or assertions made on such websites, and deny all liability associated with your use of, and the content on, such other websites. You may arrive at one of these websites through clicking on a banner advertisement, as part of a co-branding arrangement, or simply by selecting a link on any of our website pages. These websites might issue their own cookies or collect Personal Information, so please use caution when visiting an external site. You should also be aware we sometimes permit third parties to offer subscription and registration-based services on our Services. We are not responsible for the actions or policies of such third parties with respect to Personal Information or other information you may give them, and you should carefully read and understand the applicable privacy policy whenever you provide Personal Information to anyone.

13. Consent to Process Personal Information in the United States. By providing us any Personal Information or other information, all visitors, users and recipients of the Services, any communications, features, functions, Promotions or goods and services available from or through the Services, including without limitation visitors and users in the member states of the European Union (if permitted to visit and/or use any of our Services), fully understand and unambiguously consent to the collection, maintenance, use and processing of such information in the United States of America and/or in territories or countries outside of the United States of America and understand and acknowledge their consent, notwithstanding that some governmental authorities may consider the level of protection of such data in the United States not equivalent to that required within the European Union or any other jurisdiction.

14. Deleting or Changing Your Personal Information. For all Services other than our Mobile Services, changes, amendments and/or deletions to your Personal Information or other information must be given directly to the Service to which such Personal Information or other information relates or has been provided. In addition, for all Services, you may generally make changes, additions and/or deletions to your Personal Information in the "My Account" or profile section of the applicable Service, including changes to any consents and options you previously selected. If you have any difficulties making changes, you may send an email to customer support from the "Support" or "Help" section of our Services. To change any personal or other information you may have provided to a third party (including Borders, as applicable) you must communicate directly with the third party as described in this Privacy Policy, since their privacy policies, not us or ours, govern their use of your information including Personal Information. We will not exchange or provide any such changes, amendments and/or deletions to any other party, including our Affiliates. Changing your Personal Information through customer support or the "My Account" or profile section only affects the Personal Information in connection with that Service and if you have provided Personal Information to more than one Service, you must contact each Service separately to change your Personal Information in each. We also remind you that to obtain information about how any third party treats or uses your information or if you wish to amend, change or revoke any of your information provided to a third party, including Borders, you must communicate with each of these third parties directly (some exceptions may exist for revoking your information from Borders, as described in the "The eBook Store from Sony at Borders" section within Section 8 above).

To the extent your Personal Information is no longer required by law, regulation, our internal audit, archive, marketing or record keeping or other policies or practices, upon your request, we will use commercially reasonable efforts to remove access to it from our active database; however, we have the right to maintain backups, archives, auditable records and records of deletions to comply with law, regulation or to satisfy our internal policy and requirements even if your Personal Information is no longer available in any of our active databases. Some Personal Information (e.g., age, birth date) may not be deleted or changed or we may require you (or a parent or legal guardian) to contact us with proof that an error was made in entering such information in order to process a change.

15. Changes to Our Privacy Policy. We reserve the right to change this Privacy Policy at any time and from time to time. Accordingly, we recommend and encourage you to check back frequently to be sure you have reviewed the most current Privacy Policy provisions and remain aware of those provisions of the current version of the Privacy Policy that apply to you. In case of any material change to the Privacy Policy, we will change the "Privacy Policy" links on the Services for all or any of the Services affected to links entitled "Privacy Policy Updated 04/10/2008" for at least 30 days. All changes to the Privacy Policy will be effective when posted and your continued use of any of our Services after the posting will constitute your acceptance of, and agreement to be bound by, all the changes.

16. Canadian Customers. With respect to the Services offered and provided to residents in Canada, the practices and policies below are intended to comply with the Canadian Federal Government’s Personal Information Protection and Electronic documents Act of 2000, as well as the privacy standards implemented by the Canadian Standards Association in its 1996 Model Code for the Protection of Personal Information, CAN/CSA-Q830-96. If you are a resident of Canada, the policies and practices set forth below supplement our general Privacy Policy and apply to our handling and treatment of your Personal Information. With respect to our treatment of your Personal Information, if there is any conflict between any of the practices and policies set forth below and any other practices or policies that may otherwise apply, the terms of this Section apply to you.

Accountability. We are responsible for the Personal Information under our control. If your Personal Information is shared with third party processors or marketing partners (i.e., Borders), we will use reasonable commercial efforts to require such third parties to maintain comparable levels of protection for your Personal Information. In addition, we have: (a) implemented procedures to protect your Personal Information (as referenced in Section 11); (b) established procedures to receive and respond to complaints and inquiries; and (c) communicated these practices and policies to our staff.

Identifying Purposes. We will use reasonable commercial efforts to notify you of the purposes for which your Personal Information is collected and used at or before the time we collect it (and see also, Sections 5, 6 and 7 above) and we will collect Personal Information to meet legal and regulatory requirements. Unless required by law, we will not use or disclose Personal Information we have collected from you for any materially different purpose, without first identifying and documenting the new purpose in amendments or modifications made to our Privacy Policy as permitted by the terms of this Privacy Policy or by notifying you directly if your Personal Information will be used for a purpose not previously disclosed to you. Even if we cannot obtain your consent in advance, unless one of the exclusions in our Privacy Policy require otherwise, we will use reasonable commercial efforts to advise you afterwards.

Consent. We provide you with the information necessary to make an informed judgment to consent to our intended use, collection and disclosure of your Personal Information, except where inappropriate, unattainable or otherwise required by law or order of a court. In certain circumstances, Personal Information may be collected, used and/or disclosed without your advance knowledge or consent, if our action is, in our reasonable judgment: (a) in your interest; (b) necessary to protect persons or property (tangible or intangible) (c) if seeking your consent might defeat the purpose (e.g., an investigation into a breach or violation of law) or (d) in regards to collection of a debt, compliance with any legal or judicial order or compulsion or as otherwise required by law. In determining the most appropriate form or means of obtaining your consent, we will consider the sensitivity of particular Personal Information we seek to collect, use or disclose. Finally, we will not require you to consent to any collection, disclosure or use of Personal Information beyond what we require to fulfill the purposes we identify to you. Of course, subject to any legal restrictions or requirements, you may withdraw your consent at any time as described in our Privacy Policy (see Section 14).

As documented above, some customers (including Canadian customers) will have their Personal Information shared with and disclosed to Borders for marketing and administrative purposes. Although we make no representations whatsoever regarding how Borders will use, manage, treat and maintain your Personal Information, we have used reasonable efforts to require that Borders have a privacy policy and institute measures and procedures to protect the Personal Information of its users, both direct and indirect. We encourage you to review Borders’ Privacy Policy which can be accessed at the URL set forth in Section 1 above.

Limiting Collection. We do not collect Personal Information indiscriminately and we only collect Personal Information using fair and lawful means. We collect only the Personal Information we believe is reasonably necessary to fulfill the purposes we identify to you.

Limiting Use, Disclosure and Retention. Except as otherwise specifically set forth in our Privacy Policy, we will not use or disclose your Personal Information for purposes other than those permitted by our Privacy Policy (i.e., compliance with law, court order, with consent, etc.) and we will only retain your Personal Information as long as necessary, subject to legal and audit record-keeping requirements. We will also maintain reasonable and systematic controls and practices, in compliance with law, for information and records retention and destruction which apply to Personal Information no longer relevant or required for such identified purposes.

Accuracy of Personal Information: You are responsible for helping us keep your Personal Information accurate, complete and up-to-date and we will do our part to maintain the accuracy of Personal Information you provide to us and minimize the possibility that outdated information may be used to make decisions about you or your Account. However, please note that we do not update our customers’ Personal Information on a routine basis. We will update your Personal Information within a reasonable time if you expressly request us to do so and/or provide us with updated Personal Information (in accordance with Section 14 above).

Security Safeguards: As set forth in Section 11, we will protect Personal Information by various security safeguards reasonably appropriate to the sensitivity of the Personal Information, which may include physical, organizational and technological measures. Employees with access to Personal Information are required, as a condition of employment, to respect the confidentiality of Personal Information.

Openness: We will make certain information about our polices and practices relating to the management of Personal Information available to you, including: (a) the contact information you may use for purposes of inquiring regarding your privacy and this Privacy Policy, and (b) the means by which you can gain access to your Personal Information in our records (see Section 14 above). We use reasonable efforts to try and make information available to assist you in making informed choices regarding the use of your Personal Information.

Individual Access: Upon written request, we will inform you if we have disclosed your Personal Information to third parties and we will give you the ability to review your Personal Information that we may have in our records. If you make a specific request to review your Personal Information, we will make your Personal Information available within a reasonable period of time, at minimal or no cost to you. However, you should note that we will not allow you to review Personal Information if doing so would or is likely to reveal Personal Information: (a) of a third party; (b) which includes or would reveal confidential or sensitive commercial information; (c) in violation of any attorney/solicitor-client privilege; (d) obtained in the course of a formal dispute resolution process; (e) associated with the investigation of a breach of any agreement; or (f) if doing so would violate any law or court order. We will always advise you of the reasons if we deny your request to review your Personal Information. Prior to making Personal Information available for your review, you will be required to provide sufficient identification and comply with our security procedures (which may include executing a confidentiality statement/agreement) before we authorize you to review your Personal Information. If you find that any Personal Information in our records is inaccurate or incomplete, you must notify us in accordance with the terms of this Privacy Policy and we will amend it as needed within a reasonable period of time.

Challenging Compliance: If you are a Canadian resident, you may address any inquiries or concerns regarding our compliance with the Privacy Policy that applies to you, to privacy@sonyconnect.com or to the mailing address provided in Section 18 below. We will maintain procedures for responding to your inquiries or concerns which we may ask you to follow when you make an inquiry or have any complaint. We will make reasonable efforts to investigate such complaints, will inform you of any determination we make in response to a complaint you make and we will take such appropriate measures as are necessary to address such complaints, consistent with our obligations under our Privacy Policy as it applies to you.

17. Definitions.

"Account" refers to any account that you have registered with the Service.

"Affiliates" means our direct or indirect parent, subsidiary and/or affiliated companies and any company with the name "Sony" as a part of its brand or trade name.

"eBook Service" means our online eBook store available at www.ebookstore.sony.com or accessible through the eBook software client.

"Borders Co-Branded Service" means the version of the eBook Service that is co-branded by us (or Sony) and Borders.

"Offerings" refers to all offers, operations, activities and Promotions associated with or available through the Services and Software.

"Personal Information" means all of the personally identifiable information, including, without limitation, your email address, name, mailing and/or billing address, telephone or mobile number, credit card number, expiration date and other security/identification information.

"Service" or "Services" means (i) the eBook Service, (ii) the eBook Store from Sony at Borders; and (iii) any content of the Service, (iv) any associated websites, and (v) all updates to the Service, Software and Offerings, collectively and individually.

"Software" refers to any and all proprietary software programs, applications and updates provided or made available by us for use in conjunction with any one or more of our Services. In the case of Software downloaded to and/or installed on the hard drive of your personal computer, you agree that updates and security components that permit digital files to be protected, streaming, access and/or use to occur only as permitted by our Terms of Service (including any end user license agreement) and the usage rules set by us, any licensor or content rights holder(s), may be subsequently installed, re-installed and updated on your personal computer or your wireless or mobile device automatically and without further specific notice.

"The eBook Store from Sony at Borders" means the version of the eBook Service that is co-branded by us (or Sony) and Borders.

18. Questions.

If you have any questions or comments about this Privacy Policy or any aspect of our collection, processing, storage or use of your Personal Information or other information held by us, please write or email us at (when emailing us, if you are registered with any of our Services, please indicate in your email which Services you have registered with):
Sony Connect Inc.
6080 Center Drive, 10th Floor, Los Angeles, California 90045
You may also contact us by emailing us at privacy@sonyconnect.com.

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