EMPIRE

LAST UPDATED: June 5, 2025

EMPIRE PRIVACY POLICY

EMPIRE Distribution Inc. (“Company,” “we,” or “us”) wants you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our practices in connection with information that we collect through:

Websites operated by us from which you are accessing this Privacy Policy (“Websites”);
Software applications made available by us for use on mobile devices (“Mobile Apps”);
Our social media pages from which you are accessing this Privacy Policy (“Social Media Pages”);
HTML-formatted email messages that we send to you that link to this Privacy Policy or other communications with you; and
Offline business interactions you have with us.

Collectively, we refer to the Websites, Mobile Apps, Social Media Pages, emails, and offline business interactions as the “Services.”

If you are a California resident, please refer to the “Additional Information Regarding California” section at the end of this Privacy Policy for more information about how we handle your Personal Information and the privacy requests you may make under the CCPA.

PERSONAL INFORMATION

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. The Services collect Personal Information, including:

Name
Postal address (including billing and shipping addresses)
Telephone number
Email address
Account login information, when you choose to create an account with us
Contents of your shopping cart
IP address (we may also derive your approximate location from your IP address)
Payment data

Collection of Personal Information

We and our service providers collect Personal Information in a variety of ways, including:

Through the Services.

We collect Personal Information through the Services, for example, you register for newsletters or other communications, make a purchase, or make a request. We may also collect Personal Information offline, such as at concert venues.

From Other Sources.

We receive your Personal Information from other sources, for example, publicly available databases or marketing partners, when such partners share information with us in the context of marketing and promotional campaigns related to our business.
If you connect your social media account to your Services account, or use your social media or other third-party account to enter our sweepstakes, contests, or promotions, you will share certain Personal Information from your social media or other third-party account with us, for example, your name, email address, photo, list of social media contacts, listening history, favorite tracks, and any other information that may be or you make accessible to us when you connect your social media account to your Services account.

We need to collect Personal Information to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Use of Personal Information

We and our service providers use Personal Information for the following purposes:

Providing the functionality of the Services and fulfilling your requests.

To provide the Services’ functionality to you, such as arranging access to your registered account and providing you with related customer service.
To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments, or complaints, or when you request information about our Services.
To complete and fulfill your purchase, for example, to process your payments, you’re your order delivered to you, communicate with you regarding your purchase, and provide you with related benefits or customer service.
To send administrative information to you, including information regarding our Services and changes to our terms, conditions, and policies.
To allow you to send and receive messages (for example, music clips or artist information) through the Services if you choose to do so.

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

Providing you with our newsletter and/or other marketing materials and facilitating social sharing.

To send you marketing communications that we believe may be of interest to you, including information about our services, new products, and other news about our company.
To facilitate social sharing functionality that you choose to use.
To send you SMS text messages. Please keep in mind that message and data rates may apply. You should check with your mobile service provider for applicable data rates. At any time, you may text back “HELP” for further information regarding SMS/text messages.

We will engage in this activity with your consent or where we have a legitimate interest.

Analyzing Personal Information for business reporting and providing personalized services.

To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.

We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.

Allowing you to participate in sweepstakes, contests, or other promotions.

We may offer you the opportunity to participate in a sweepstakes, contest, or other promotion and use Personal Information to administer these activities.
Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.

We use this information to manage our contractual relationship with you.

Aggregating and/or anonymizing Personal Information.

We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.

We engage in these activities based on our legitimate interest.

Accomplishing our business purposes.

For data analysis, for example, to improve the efficiency of our Services.
For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements.
For fraud prevention and fraud security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.
For developing new products and services.
For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures.
For identifying usage trends, for example, understanding which parts of our Services are of most interest to users.
For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users.
For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.

We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interest.

Disclosure of Personal Information

We disclose Personal Information:

To our affiliates, for the purposes described in this Privacy Policy.

You can consult the list and location of our affiliates by emailing legal@empi.re.

To our third-party service providers, to facilitate services they provide to us.

These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service or related benefits, email delivery, payment card processing, auditing, and other services.

To third parties, to permit them to send you marketing communications, consistent with your choices. These include:

Our artists (including any of the artists’ band members, if applicable) and their representatives, so that the artists and their representatives may use this information to send to you communications (including marketing communications) that they believe may be of interest to you, including, for example, if you (a) sign up to join the applicable artist’s mailing list and/or to receive such artist’s newsletters, (b) register with the applicable artist’s website, or (c) have otherwise indicated that you would like to receive information and/or marketing communications from the applicable artist. We do not control, and are not responsible for, artists’ and their representatives’ use of Personal Information.

To third-party sponsors of sweepstakes, contests, and similar promotions.
By using the Services, you may elect to disclose Personal Information.

On message boards, chat, profile pages, blogs, and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public. Additionally, please note that, we retain rights in certain types of information and materials that you post on or through the Services, as outlined in our Terms of Use. We urge you to be very careful when deciding to publicly disclose information, on or through the Services. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE TO OTHER USERS AND THE GENERAL PUBLIC.
Through your social sharing activity. When you connect your Services account to your social media account, you will share information with your friends associated with your social media account, with other users, and with your social media account provider. By doing so, you authorize us to facilitate this sharing of information, and you understand that the use of shared information will be governed by the social media provider’s privacy policy.

Other Uses and Disclosures

We also use and disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:

To comply with applicable law and regulations.

This may include laws outside your country of residence.

To cooperate with public and government authorities.

To respond to a request or to provide information we believe is necessary or appropriate.
These can include authorities outside your country of residence.

To cooperate with law enforcement.

For example, when we respond to law enforcement requests and orders or provide information that we believe is important.

For other legal reasons.

To enforce our terms and conditions;
To protect our operations or those of any of our affiliates or artists; and
To protect our rights, privacy, safety, or property, and/or that of our affiliates, our artists, you, or others.

In connection with a sale or business transaction.

We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). Such third parties may include, for example, an acquiring entity and its advisors.

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. We and our service providers may collect Other Information in a variety of ways, including:

Your browser or device

Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the type and version of the Services you are using. We use this information to ensure that the Services function properly.

Your use of our Mobile Apps

When you download and use one of our Mobile Apps, we and our service providers may track and collect Mobile App usage data, such as the date and time the Mobile App on your device accesses our servers and what information and files have been downloaded to the Mobile App based on your device number.

Cookies are pieces of information stored directly on your computer. Cookies allow us to collect such information as browser type, time spent on the Services, pages visited, language preferences, and traffic data. We use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals.
If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting particular cookies from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.

Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies.

We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also go to the Global Storage Settings Panel and follow the instructions (which may explain, for example, how to delete existing Flash LSOs (referred to as “information”), how to prevent Flash LSOs from being placed on your computer without your being asked, and how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.

Tags and other similar technologies.

Analytics. We use analytics services, which employ cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. These services may also collect information regarding the use of other websites, apps, and online resources.

IP Address

Your IP Address is a number that is automatically assigned to your computer by your Internet Service Provider. An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the pages visited. We use IP Addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate location from your IP Address.

Physical Location.

We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

CHOICES AND RIGHTS

Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from:

Receiving marketing-related emails from us. If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out by using the unsubscribe mechanism provided in the email.
Receiving SMS/text messages from us. If you no longer want to receive SMS/text messages from us on a going-forward basis, you may opt out by texting back “STOP.”
Our sharing of your Personal Information with artists or unaffiliated third parties, for their direct marketing purposes. If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with third parties for their direct marketing purposes, you may opt out of this sharing by emailing us at legal@empi.re.

In each case, please make clear in your request what you are opting out from. We will try to comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving marketing related messages from us, we may still send you important administrative messages, from which you cannot opt out.

Your Personal Information Rights

If you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law. If you are a California resident, please refer to the “Additional Information Regarding California” section at the end of this Privacy Policy for more information about the requests you may make under the CCPA.

In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).

FOR EEA/UK/SWISS RESIDENTS: You may also lodge a complaint with a data protection authority for your country or region where you have your habitual residence or place of work or where an alleged infringement of applicable data protection law occurs. A list of EEA data protection authorities is available at https://ec.europa.eu/newsroom/article29/items/612080, and the UK Information Commissioner’s Office’s contact details can be found https://ico.org.uk/global/contact-us/. The Swiss authority is the FDIC, at www.edoeb.admin.ch.

RETENTION PERIOD

We retain Personal Information, including sensitive Personal Information, for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide the Services to you, for example, for as long as you have an account with us or keep using the Services;
Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; and
Whether retention is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation, or regulatory investigations.

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any of our artists or affiliates and any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our artists or affiliates. Please note that the Services may include the ability to access and submit certain information directly to third parties, such as Facebook, or to an application platform, such as Apple’s App Store or Google Play. Such information is submitted by you directly to such third parties and this Privacy Policy does not apply to any such information submitted by you.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with our Social Media Pages or our Mobile Apps.

Please note

that the Properties may include the ability to access and submit (including, for example,

via a third-party software application or service that is available through or in connection

with a Property) certain information directly to third parties, such as Facebook, or to any

application platform, such as Apple’s App Store or Google Play. Such information is

submitted by you directly to such third parties and this Privacy Policy does not apply to

any such information submitted by you.

USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.

JURISDICTION AND CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information.

ADDITIONAL INFORMATION REGARDING THE EEA/UK/SWITZERLAND: Some countries outside of the EEA/UK/Switzerland are recognized by the European Commission, the UK government, and/or the Swiss government as providing an adequate level of data protection according to EEA/UK/Swiss standards: the list of the EEA’s adequate jurisdictions is available here, the list of the UK’s adequate jurisdictions is available here, and the list of Switzerland’s adequate jurisdictions is available here. For transfers from the EEA, the UK, and/or Switzerland to countries not considered adequate by the European Commission, the UK government, or the Swiss government (as applicable), we have put in place adequate measures, such as standard contractual clauses adopted by the relevant authority to protect your Personal Information. You may obtain a copy of these measures by contacting us in accordance with the “Contacting Us” section below.

SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Services or otherwise to us.

THIRD PARTY PAYMENT SERVICES

The Services may provide functionality allowing you to make payments to us using third-party payment services with which you have created your own account. When you use such a service to make a payment to us, your Personal Information will be collected by such third party, not by us, and it will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.

UPDATES TO THIS PRIVACY POLICY

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services.

CONTACTING US

EMPIRE Distribution Inc., located at 235 Pine St., 24th Floor, San Francisco, CA 94104 USA, is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Policy.

If you have any questions about this Privacy Policy, please contact us at legal@empi.re, or at:

EMPIRE Distribution Inc.

Legal Department

235 Pine St.

24th Floor

San Francisco, CA 94104

Attn: Legal Department

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

ADDITIONAL INFORMATION REGARDING CALIFORNIA

Pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), we are providing the following additional details regarding the Personal Information we collect about California residents. This section supplements the information provided above in our Privacy Policy and does not apply to our job applicants, employees, or contractors where the Personal Information we collect about those individuals relates to their current, former, or potential role with us.

Personal Information Collected, Used, Retained, Disclosed, and Shared

The following chart details which categories of Personal Information about California residents we collect, as well as which categories of Personal Information we have collected and disclosed for our operational business purposes in the preceding 12 months.

Categories of Personal Information	Disclosed to Which Categories of Third Parties for Operational Business Purposes
Identifiers, such as name, contact information, and online identifiers	Third-party service providers Our affiliates Third parties, such as artists, to permit them to send you marketing communications, consistent with your choices Third-party sponsors of sweepstakes, contests, and similar promotions
Personal information, as defined in the California customer records law, such as name, contact information, and financial information	Third-party service providers Our affiliates Third parties, such as artists, to permit them to send you marketing communications, consistent with your choices Third-party sponsors of sweepstakes, contests, and similar promotions
Commercial information, such as transaction information and purchase history	Third-party service providers Our affiliates Third parties, such as artists, to permit them to send you marketing communications, consistent with your choices Third-party sponsors of sweepstakes, contests, and similar promotions
Internet or network activity information, such as browsing history and interactions with our website	Third-party service providers Our affiliates
Geolocation data, such as approximate location derived from IP address	Third-party service providers Our affiliates
Inferences drawn from any of the Personal Information listed above to create a profile/summary about, for example, an individual’s preferences and characteristics	Third-party service providers Our affiliates Third parties, such as artists, to permit them to send you marketing communications, consistent with your choices Third-party sponsors of sweepstakes, contests, and similar promotions
Sensitive Personal Information Account log-in information	Third-party service providers

We retain each category of Personal Information, including Sensitive Personal Information, as described above under “Retention Period”.

We do not sell Personal Information (including Sensitive Personal Information), and we do not knowingly “share” for purposes of cross-contextual advertising Personal Information (including Sensitive Personal Information).

We collect, use, disclose, and share Personal Information for the purposes described above under “Use of Personal Information”.

Purposes for the Collection, Use, and Disclosure of Sensitive Personal Information

We collect, use, and disclose Sensitive Personal Information for purposes of: performing services on behalf of our business; providing goods or performing services as requested by you; ensuring security and integrity, short term transient use such as displaying first party, non-personalized advertising; order processing and fulfillment; servicing accounts and providing customer service; verifying customer information; processing payments; providing financing; activities relating to quality and safety control or product improvement; securing the access to, and use of, our facilities, equipment, systems, networks, applications, and infrastructure; preventing, detecting, and investigating security incidents; resisting and responding to fraud or illegal activities; and other collection and processing that is not for the purpose of inferring characteristics about an individual. We do not use or disclose Sensitive Personal Information for additional purposes.

Individual Rights and Requests

If you are a California resident, you may request:

To receive the following information:

The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
The specific pieces of your Personal Information; and
The categories of Personal Information about you that we otherwise disclosed, and the categories of third parties to whom we disclosed such Personal Information.

To correct inaccuracies in your Personal Information.
To delete your Personal Information we collected from you.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

To make a request under #1-3, please contact us at legal@empi.re. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such as telephone number or email address, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a deletion request, we may ask you to verify your request before we delete your Personal Information.

Authorized Agents

If an agent would like to make a request on your behalf as permitted by applicable law, the agent may use the submission methods noted in the section entitled “Individual Rights and Requests.” As part of our verification process, we may request that the agent provide, as applicable, proof concerning their status as an authorized agent. In addition, we may require that you verify your identity as described in the section entitled “Individual Rights and Requests” or confirm that you provided the agent permission to submit the request.

De-Identified Information

Where we maintain or use de-identified information, we will continue to maintain and use the de-identified information only in a de-identified fashion and will not attempt to re-identify the information.