Updated as of June 2018
A. INFORMATION THAT WE COLLECT
When you use our Sites, we collect various types of information, including your Personal Information. The types of Personal Information we collect from you depends on the features, services and Sites you use. "Personal Information" includes information we may collect that allows others to identify or contact you, such as your first and last name, home address, e-mail address, telephone number, cable TV or other content provider, device identification number, billing information, instant messenger or social media nickname, blog or other personal website URL. Here are some examples of manners in which we may collect your Personal Information on the Sites:
The above list provides an example of the Personal Information that may be collected on the Sites. While you're under no obligation to provide the information requested, if you decline to do so, Music Choice may be unable to provide you with certain services.
1. Active Collection
We collect and store the Personal Information that you have provided to us. For instance, if you sign up for a membership or contact us with a question, we may store your communications, including any Personal Information you include in them, so we can effectively respond to you. If you do not want us to collect your personal information, please do not provide it to us.
2. Passive Collection
We may also collect information passively while you are visiting or interacting with the Sites. We call this "passive" collection because you may not know that this information is being collected. Here are some examples of the information that is collected via the Sites and a description of how this information is used:
The above list provides examples of the information that is collected via the Sites. We may collect the above information from all visitors to, and users of, our Sites. If you do not want Music Choice to have access to this information, please do not visit or use our Sites.
B. Use of Information Collected Via the Sites
1. Personal Information
We use your personal information that is collected on the Sites primarily for the following purposes:
· To deliver services, such as music requests, programs, information, newsletters or software you request or purchase;
· To contact you regarding the administration of your account or any features or functions you have registered to use;
· To complete a transaction or service requested by you;
· To verify your e-mail address, mobile phone number, or device;
· To connect your account to external, third party applications, with your consent such as, but without limitation, Facebook or Twitter;
· To identify you when you post comments or other information to the Sites;
· To enable you to participate in various interactive features or functions at your request;
· To answer your questions or other requests;
· To send you marketing or promotional messages or otherwise alert you to any special offers or events via email or text message. You can opt-out of receiving promotional messages from us by following the opt-out instructions provided in your message. For more information please see the "Opt-Out" section below;
· To contact you regarding your use of the Sites or Music Choice services;
· To tailor your experience on the Sites and/or otherwise customizing what you see on the Sites or the Music Choice services;
· To save your user ID or other personal information so that you don't need to re-enter it every time you visit the Sites;
· To otherwise administer the Sites or your interaction with the Music Choice service; and
· For any other purpose disclosed at the time you provide your personal information.
Music Choice and its authorized affiliates may also use usage data and other information we collect to (i) create marketing analyses and reports showing how Music Choice users, as collective groups, interact with our services, (ii) develop reports that help us and other strategic third parties determine what interests Music Choice users, as a group, or (iii) generally improve our product and service offerings. Such reports will not contain any Personal Information about you.
C. Sharing and Disclosure of Information
1. Personal Information
We may share or disclose your Personal Information in the following instances:
(i) To fulfill a service to you. For example, if you choose to watch a video on the Sites, we may share your personal information in order to provide the program to you. In addition, if you contact us with a question, we may use your e-mail address or mobile phone number to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes with mail carriers. We also may share your information with the co-sponsor and/or promotional partners of that promotion.
(ii) With your consent, where required by law, to affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your Personal Information for research, administrative and/or internal business purposes. These parties may use your Personal Information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your Personal Information in this manner, please do not provide us with this information.
(iii) To unaffiliated third-party service providers, agents, or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, processing your requests, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on Music Choice's behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). Our service providers are given the information they need to perform their designated functions and we seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Your Personal Information may be maintained and processed by third party service providers in the US or other jurisdictions. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users' personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.
(iv) To complete your purchase. If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process or a search warrant served on us, to detect, suppress or prevent fraud, to protect and defend our rights or property, including the rights and property of Music Choice and the Sites or to act in urgent circumstances to protect the personal safety of our end users.
(vi) To investigate or prevent actual or suspected loss or harm to persons or property.
(vii) To an organization in the case of a breach of an agreement of contravention of law, or as otherwise required or permitted by applicable law.
(viii) In connection with a proposed or completed acquisition, merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Music Choice or as part of any corporate reorganization or other change in corporate control.
(ix) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
(x) To protect against potential fraud, we may verify with third parties the information collected from the Sites. In the course of such verification, we may receive Personal Information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
D. Children Under Age 13
Music Choice does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register on the Sites. If you are under 13 please do not attempt to register on the Sites or send us any Personal Information. If you become aware that your child has provided us with personal information without your consent, please contact us at email@example.com. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
E. Children Between the Ages of 13 and 18
We recommend that minors 13 years or older ask their parents for permission before registering on the Sites or using any of the community features of the Music Choice services.
In addition to the specific opt-out procedures for Music Choice Sites' use of Google Analytics, Nielsen, Mixpanel and Freewheel measurement software set forth in paragraph A.2. above, you may opt-out of receiving marketing or promotional messages from Music Choice or strategic third parties at any time. For e-mails, you can opt-out by going to the unsubscribe link provided at the bottom of any e-mail you receive from Music Choice and opting out of receiving information from Music Choice. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. For text messages, you can text STOP in response to any text message you receive from Music Choice. You may receive a confirmatory text message in response to your "STOP" message and you hereby consent to receipt of such confirmation.
G. Your Disclosure to Third Parties
If you respond to any interactive advertisement or offer by a third party (whether via an email, message or otherwise), or if you request information about a product or service offered by a third party, then your personal information will be disclosed to such third party. Music Choice cannot control, and makes no representations about, the collection or use of your information by such third parties. If you chose to register for or subscribe to any such third party product or service, any further correspondence between you and such third party including, without limitation, any resulting contractual agreements, are solely between you and the advertiser/third party. Neither Music Choice nor its distributors will be responsible for upholding any applicable terms, conditions, representations or warranties made by the advertiser/third party in connection therewith and shall otherwise have no liability associated with your interaction with such advertiser/third party.
H. How Can You Correct Any Inaccuracies in Your Personal Information?
Subject to applicable law, you may have the right to access, update and correct inaccuracies with respect to the information we hold about you. You can keep the information that you provide to us accurate, current and complete by visiting the Sites registration and/or subscription page, as applicable, to update your information or by contacting us at the contact information set out below. We may request certain Personal Information for the purposes of verifying your identity. If a user ID and password are required to access the feature, you will need to provide such information to update your registration information.
I. How Is Your Information Protected?
Music Choice has implemented reasonable administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. Music Choice operates reasonably secure data networks utilizing firewalls, encryption and password protection systems. Only authorized individuals have access to the personal information provided by you. Despite these practices, no communication network can be 100% secure. Your communications with us will travel through third party networks and systems and Music Choice assumes no responsibility for the security of such networks or systems.
If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice on our Sites if a security breach occurs. We may also send an e-mail to you at the e-mail address you have provided to us in these circumstances or a text message at the mobile phone number provided. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
J. Forums, Chat Rooms and Other Public Posting Areas
Please note that any information you include in a message you post to any chat room, forum, social media site or other public posting area, including without limitation Facebook.com and Twitter.com, is available to anyone with Internet access and may be published or reproduced in other media. Under no circumstances will Music Choice be liable for displaying, broadcasting, or reproducing content that you have publicly posted through our Sites or another site. If you don't want people to know your e-mail address, user name or handle for example, don't include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS, SOCIAL MEDIA SITES AND OTHER PUBLIC POSTING AREAS.
K. Third Party Web Sites
L. How We Respond To Do Not Track Signals
Please note that our Sites do not support "Do Not Track" browser settings and do not currently participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information.
M. Third Party Advertisers and Online Behavioral Advertising
We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Sites and other websites (including social media sites such as Facebook and Twitter) for the purposes of measuring the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our Sites. Please be advised that such advertising companies may gather information about your visit to the Sites or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp . PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
YOUR CALIFORNIA PRIVACY RIGHTS
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding Music Choice's disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at:
650 Dresher Road
Horsham, PA 19044
Attn: EVP & General Counsel
Effective Date: July 22, 2013
Last Updated: June 6, 2018