The kinds of Personal Information we collect from users of the Site and how that information is collected;
How we use your Personal Information;
The circumstances under which we disclose Personal Information to third parties;
How you can access, update or delete any Personal Information collected about you by us; and
The mechanisms we have implemented to protect your Personal Information.
We are committed to protecting our users’ privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). Send an email to the Privacy Administrator at email@example.com or you may contact us via regular mail at:
New York, NY 10036
Attn: Your California Privacy Rights
c/o Privacy Administrator
All requests sent via regular mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or not sent properly, or do not have complete information.
New York, NY 10036
c/o Privacy Administrator
General Privacy Information
1. Collection of and Use of Personal Information: When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information to any of the MTVN family of companies. For example, to the extent we offer such services on the Site, if you order any of our various Products (as defined in the Agreement), in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number, and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is classified as Sensitive Personal Information and is collected via a secure transmission.
We collect Personal Information about you when you visit the Site and input information, whether you are registering to use the Site, registering to use any services, features or functions of the Site, participating in Promotions (as defined in the Agreement), ordering or purchasing Products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.
a. Collection of Personal Information During Registration or In Connection with Certain Features and Functions. During registration (and at certain other times to enable your use of other features or functions or for security purposes), you may be required to provide us with certain information about you in order for us to allow you to use the features and functions of the Site, including (to the extent offered) newsletter subscriptions, our “Faces” feature, chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages.
b. Collection of Personal Information in Connection with Promotions, such as Contests and Sweepstakes. To the extent we offer user registration on the Site, registration as a member of the Site is not always required to enter Promotions, such as contests and sweepstakes. There may be a separate registration process which will require the submission of your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Personal Information may be requested depending on the specific Promotion, but submission of such information may be optional. The Promotion’s entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to special Promotions or offers from our Advertisers in connection with many of these types of Promotions.
c. Use of Personal Information In Connection with Promotions and Offers; Opt Out Procedures. We, or our Affiliates, may contact the Site’s registered users or other users that have registered for or participated in various Site events. Promotions, or transactions, or we may send offers for the purchase of goods and/or services that may of interest to users. You may “opt out” of receiving marketing and promotional e-mails or text messages from us at any time by using the opt-out mechanism that is contained in an email or text message. However, we, or our Affiliates, may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, goods and/or services you have ordered or other transactions you have undertaken with the Site.
In the event that we, or our Affiliates, unknowingly send an email or text message to a child (a person under the age of 13 years), who has registered with the Site in violation of the Agreement, the child or the child’s parent or legal guardian always have the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message, or to request termination of the child’s registration and status as a registered user with the Site. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18 years old, or the age of majority in your state). Please see the “Review, Update or Delete Your Personal Information” Section for details.
e. Use of Communities. If you use any of the Communities’ features and functions made available on or through the Site, please remember that any information disclosed in these venues is automatically made public. You should exercise caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. The Site is in no way responsible for the accuracy, use, or misuse of any information that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.
We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party’s interception of messages or a user’s Personal Information when using a wireless communications device.
Users that register for the Site’s wireless marketing services acknowledge, understand and agree that they will be charged by the user’s wireless carrier for all messages sent to the user from the Site. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site, mtvU or the Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
To the extent we provide wireless marketing services, there are two registration methods provided for the Site’s wireless marketing services. Standard rate Promotions will be subject to either the “single opt-in” or the “double-opt-in (Site/SMS)” method, at the discretion of the Site depending on the type of Promotion. Premium rate services will require the “double opt-in” (Site/SMS or SMS/SMS) method.
Single Opt-in Method: In response to a print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user’s voluntary submission of the designated word or code to the Site will mean that the user has freely and affirmatively granted permission to the Site to send text messages to him or her. The Site will thank the user for his or her registration by sending a “Thank you” message. The user may terminate the service at any time by using the unsubscribe command in any text message from the Site or by sending a text message to the Site that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”.
Double Opt-in (SMS/SMS) Method: In response to a print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The Site will then send a “Confirmation” message to the user’s designated wireless device and will request that the user confirm that he or she has agreed to receive messages from the Site to that particular telephone number (or wireless domain name when appropriate). The user must respond to the “Confirmation” message with a text message that states “YES” or “Y” that will indicate the user’s acceptance of the Site’s wireless marketing service. Until the user responds to the “Confirmation” message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the “Confirmation” message at any time provided that the Site may choose to terminate offering wireless marketing service at any time and the user’s response to the “Confirmation” is only valid if the response is received while the Site continues to offer the specific wireless marketing service.
b. Termination of Wireless Services by User
Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from the Site by the following procedure:
A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by the Site at the time the message is sent, or by sending a text message that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”. The Site will terminate the user’s registration for the most recent wireless service sent to the user. Any of these words followed by the word “ALL” in the user’s termination request will cancel all of the user’s registered wireless services with the Site. If the user unsubscribes from one or all of the Site service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user’s previous opt-in.
c. Termination of Wireless Services by the Site
A user understands, acknowledges and agrees that the Site may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. The Site may provide notice of terminations or changes in services on this Site.
d. Use of Information
The Site will not use a wireless telephone number, wireless or conventional Internet email address, or other information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share this Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share this information with the operational service providers that assist us in delivering these wireless services to you and with the Affiliates.
3. Accuracy and Confidentiality: It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.
You are solely responsible for maintaining the strict confidentiality of your user name and password, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party.
Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
Keeping count of your return visits to the Site or mtvU’s, the Affiliates’, Advertisers’ or partners’ sites;
Accumulating and reporting aggregate, statistical information in connection with the Site;
Determining which features users like best; and
Saving your user name, password or other information so you don’t have to re-enter it each time you visit the Site.
Although we may track the numbers of visitors to inform us on how best to improve and update the Site and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information. You can choose to have your computer warn you each time a cookie or image tag is being sent, or you can choose to turn off all such devices. This is done through your browser. If you turn cookies off, you may not have access to many features at the Site that make your Internet experience more efficient and enjoyable – like the features mentioned above – and some of our other services will not function properly.
a. Co-Branded Services and Features. The Site may also offer co-branded services and features, such as events and Promotions that we put together with another company or our Affiliates (“Co-Branded Partner”). Such services and features may be hosted on the Site and/or our Co-Branded Partner’s website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect and use your Personal Information provided during the Registered User registration process and/or in connection with the specific co-branded feature or service for the fulfillment of the feature or service and for marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner’s future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly. The Co-Branded Partner will be identified on the co-branded feature or service. Registered or other users that participate in certain services relating to Postings, such as user video uploads, agree to have certain Personal Information posted on the Site or other platforms or, if such feature is offered in connection with a Co-Branded Partner, on our Co-Branded partner’s website in connection with the display of the uploaded video and posted on any platform that the uploaded video may be posted. Registered or other users that upload videos may also be required to submit additional Personal Information.
b. Operational Service Providers. We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We will refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with this Site. Additionally, such providers are not permitted to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.
c. Other Non-Affiliated Third Parties. We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties in the following limited circumstances:
When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our Affiliates.
7. Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet websites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.
8. Phishing: Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Sensitive Personal Information such as credit card numbers, account usernames, passwords, and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at firstname.lastname@example.org, and then immediately delete the fraudulent email from your computer.
9. Review, Update or Delete Your Personal Information: Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by this Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age cannot be deleted, but may be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension of your account or termination of any registration you may have made. To review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, you will need to contact the Site’s Privacy Administrator via email with a request at email@example.com and be prepared to provide verification of your identity. Personal Information collected for certain entries are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user’s request unless the entrant is a child under the age of 13 years old.
Children under the age of 13 or teenagers under the age of 18 that are unknowingly registered on the Site are in violation of our Agreement. Parents (including legal guardians) of children that registered on the site in violation of the Agreement who wish to terminate their child’s registration or participation in an activity must send us an email to the Site’s Privacy Administrator and request to terminate your child’s registration or participation in an activity. The parent will be required to send an email to the Privacy Administrator that includes the parent’s name, address, telephone and email address, in addition to the child’s name and email address as registered on the Site, plus the child’s date of birth. The parent must also provide verifiable identification that they are the parent of the ineligible child. We will send a confirming email to the parent via the email address provided to verify that the parent wishes to terminate his or her child’s account and registration. The parent must then confirm by sending a reply email to the designated return address. We will then terminate the child’s registration and participation in the activity but will notify the child of the termination request via email and will identify the name, address and email address of the person making the request. Parents of teenagers that are registered on the Site in violation of the Agreement may also use the above procedures.
We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access a user’s account or any services, features or functions. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.
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