2. U.S. Governing Law; Safe Harbor.
3. Collection and Use of Personal Information and Other Information.
When we use the term “Personal Information” we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term “Other Information,” we mean any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the “Information”).
a. Information We Collect that You Provide Us.
i. User Registration. In order to access certain pages on the Site, you must be a client or business partner of Viacom Velocity and you will be required to register with VMN. In order to register as a member of the Site, you are required to select a user name and password (together, your “User ID“) and may be required to also provide other Information, such as your email address, employer, job title, and date of birth. Additional Information may be requested during the registration process (but not required).
“Cookies” (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. “Web beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. The Site and/or third parties may use “cookies”, “web beacons” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web.
We use Tracking Technologies to understand Site and internet usage, improve or customize the content or offerings on this Site, understand your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), save your password in password-protected areas, save your video player settings, help us offer you products, programs or services that may be of interest to you, maintain and administer the Site and for other purposes described in the “Use of Information”, “Other Information Collected by Us“. These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site (such as your visits to the Site’s webpages, use of our features and preferences), may collect such Other Information across multiple sessions on this Site and other websites offered by the Parent Companies and/or Affiliates and may also collect your IP address or some other identifier unique to the Device you use to access the Site (“Identifier”). Your Personal Information is not collected as part of this process but we may associate Other Information collected by Tracking Technologies with Personal Information.
By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you.
This Site may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic (“Targeting Services”). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Site and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Site except to the extent necessary to provide services to VMN. The Third Party Advertising Service Providers, as well as other third parties, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise collect or have access to Information about you and your online activities over time and across different websites when you use the Site.
i. Personal Information. We and/or our Parent Companies and Affiliates, may use the Personal Information we collect from you in a variety of ways, including:
- Processing your registration with the Site, such as verifying that your e-mail address is active and valid;
- Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, or any transaction you have undertaken with the Site;
- Responding to your questions or other requests;
- Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies;
- Improving the Site or our services and for internal business purposes;
- Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
- Saving your User ID or other Personal Information, so you don’t have to re-enter it each time you visit the Site;
- Otherwise to maintain and administer the Site; and
- For other purposes disclosed at the time you provide the Personal Information.
ii. Other Information Collected by Us. We, and/or our Parent Companies and Affiliates, use the Other Information we collect from you in a variety of ways, including:
- Keeping count of your return visits to the Site or our Parent Companies’ or Affiliates’ sites;
- Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
- Determining which features and webpages users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display information;
- Preparing statistics reports;
- Improving the Site or our services and for internal business purposes;
- Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
- Saving certain Other Information for use on your return visits to the Site;
- Otherwise to maintain and administer the Site
- For the uses described for “Personal Information” above and
- For other purposes disclosed at the time you provide the Other Information.
With respect to the Tracking Technologies set by Third Party Advertising Service Providers, you have a number of options:
- Third Party Advertising Service Providers may collect Other Information about you when you visit this Site to help identify products and services that may interest you and deliver advertising tailored to your interests.
- You can opt-out of the use of Other Information for these advertising purposes by one such Third Party Advertising Service Provider, Adobe AudienceManager (formerly known as Demdex), by using such Third Party Advertising Service Provider’s opt-out tools. You can access Adobe Audience Manager/Demdex’s tool at www.donottarget.com.
- We also may from time to time permit other Third Party Advertising Service Providers to collect Other Information on the Site. Some of these Third Party Advertising Service Providers may participate in the Network Advertising Initiative’s Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising. Please click on the links to these tools to learn more about your choices.
With respect to the Tracking Technologies set by the Site or third parties on the Site, you can prevent or exercise choices regarding the use of certain Tracking Technologies for a particular Device and Internet browser combination by using the controls provided by the following Internet browsers: Internet Explorer 5; Internet Explorer 6; Chrome; Safari; Firefox.
If your Internet browser is not listed above or addressed by the links or you otherwise are having difficulties with the links, you may:
- Delete existing browser cookies through the “Internet Options”, “Settings”, Preferences”, “Options” or similar menu selection in your browser’s menu or otherwise as directed by your browser’s support feature, which means that all pre-existing browser cookies are deleted but does not prevent browser cookies from being used in the future; and/or
- Disable future browser cookies through the same browser controls which means that browser cookies shall not be used in the future but pre-existing browser cookies shall not be deleted. Additional information on enabling or disabling browser cookies and other Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.) Disabling may sometimes be referred to as blocking or opting out of browser cookies and relies on browser cookies to remember your choices. If you delete browser cookies using the controls in your Web browser (as described above) after disabling browser cookies, you may have to disable browser cookies again to re-establish your preferences; and/or
- Choose to have the Device you use to access the Site warn you each time a browser cookie or certain other non-Flash LSO Tracking Technology is being set. (You can later choose to turn-off such warnings.) This is done through your Internet browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
The above options may cover browser cookies set by the Site, browser cookies not set by the Site (sometimes called third party cookies) and/or both types of browser cookies. THESE BROWSER COOKIE CONTROLS ARE DIFFERENT FROM DO NOT TRACK OPTIONS THAT MAY ALSO BE OFFERED BY CERTAIN BROWSERS.
Please note that using those controls shall affect Tracking Technologies which are browser cookies but may not affect other Tracking Technologies such as Flash LSOs and see below for more information on managing Tracking Technologies.
- The tools discussed above are “Internet browser cookie based.” This means that the tools rely on cookies to remember your choices. For example, if you delete Tracking Technologies using the controls in your Web browser (a process described above) after disabling such Tracking Technologies, you may have to disable such Tracking Technologies again to re-establish your preferences.
- The above tools are “Internet browser and Device-specific” Note that when you exercise your options using controls for the Internet browser, your choices shall only apply to the specific Internet browser on that Device. This means, for example, that if you block or disable browser cookies for Internet Explorer 9 on one Device, this choice shall not block or disable browser cookies when you use Mozilla Firefox on the same Device or on a different Device using Internet Explorer 9.
- Automatic Disabling of Third Party Cookies and Effect on Certain Opt-Outs. Some Device manufacturers and/or browsers (such as Safari) may preset their browser to automatically disable browser cookies from websites, applications or other interactive services other than those you visit directly (sometimes referred to as third party cookies) and, if so, the opt-out choices you have exercised with regard to third parties may not function and you may need to enable third party cookies in order for your opt-out choices to function.
- Limitations Regarding Web Beacons. Web beacons cannot be deleted or disabled using the above opt-out options, but may be affected if such web beacons rely on browser cookies or other deleted or disabled Tracking Technologies to track your activities.
- How to Manage Flash LSOs (sometimes known as Flash Cookies). CONTROL OF FLASH LSOS (SOMETIMES KNOWN AS FLASH COOKIES) MUST BE HANDLED SEPARATELY. PLEASE NOTE THAT THE USE AND STORAGE OF FLASH LSOs TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR INTERNET BROWSER.
Deleting, rejecting, disabling or turning off Tracking Technologies through the above options shall not remove Flash LSOs. For more information about Flash LSOs and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html. If you remove Flash LSOs, you may not have access to certain features of the Site and some of our other services may not function properly.
- Other Effects of Managing Tracking Technologies. In addition to the above, if you delete or disable Tracking Technologies set by the Site, unless we offer alternative means to enable such functionality, the Site may no longer be able to offer certain features or functionality to you, and some of our other services may not function properly.
- Do-Not-Track Signals and Similar Mechanisms. Some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals.
We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as described above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for online behavioral advertising purposes and the browser cookie controls and other mechanisms described in this Sections 4. This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising. Click here for more information about this Site and online behavioral advertising.
5. Sharing and Disclosure of Personal Information and Other Information.
a. Sharing and Disclosure of Personal Information.
i. Disclosure to Parent Companies and Affiliates. We may disclose Personal Information to Parent Companies and Affiliates.
ii. Disclosure to Operational Service Providers. We also have the right to disclose your Personal Information and Other 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 services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.
iii. Disclosure to Certain Other Third Parties. In addition to the above, we will make your Personal Information and Other Information available to certain 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) or if requested by a governmental agency or other authority as part of an investigation;
- In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or the Parent Companies or Affiliates.
6. Reviewing, Updating or Deleting Certain Information.
To the extent that we collect any Personal Information on this Site, we use it only for the purposes set forth herein and you may email us at email@example.com if you have any questions about reviewing, updating or deleting Personal Information, if any, we may collect on this Site.
7. Protection of Information.
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. 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 similar standards of security and confidentiality.
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 Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to VMN’s Privacy Administrator at firstname.lastname@example.org, and then immediately delete the fraudulent email from your computer.
8. Your California Privacy Rights.
If you are a resident of the State of California, we provide you with notice and choice over disclosure of your Personal Information to third parties (such as advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, the notice and choice we provide regarding disclosure of your Personal Information to third parties for marketing purposes (and this Section) satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes.
If you are a California resident and have additional questions on our sharing of your Personal Information to third parties for marketing purposes, you may send us your questions by email to the Privacy Administrator at email@example.com. Please include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response via email), include the name and URL (if applicable) of the website, application or other interactive service, indicate your preference on how our response should be sent (email or postal mail) and include the description “Privacy Request” in the subject of the email. We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.
All requests must be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.
You are solely responsible for maintaining the strict confidentiality of your User ID, 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 the Parent Companies, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. 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 the user’s account or any services, features or functions.
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