Last Updated: February 14, 2013
2.INFORMATION WE COLLECT.
A.User Registration, Features, Functions and Communications. In order to access and use certain features, content or functions, of the Services, you may be asked to provide and/or make available (e.g., via Third Party Platform permissions and consents, etc.) certain Information, including, but not limited to, in connection with registration features, in order to personalize and/or allow you to use these features and functions. This information may include, but not to be limited to, your email address, legal name, date of birth, music, artist or band preferences, and other account information associated with Third Party Platforms, and, in order to conduct fee-based transactions and other activities, your physical address, applicable payment data (e.g., payment card number and expiration date), etc. Access to certain content, features and functionality of the Services may be subject to Additional Terms, including, but not limited to, notices, requirements and settings, which may require that you provide certain Information about yourself in order to personalize and/or allow you to use these Services. At times, you may be presented with the opportunity to sign up to receive newsletters, email communications, or other communications from us in order for us to provide up-to-date information about the Services, and to publicize and promote certain content, products and services offered by us, our business partners and/or other third parties. When there is a separate sign-up for newsletters, we may ask for your contact information such as name and email address, and, sometimes, demographic and profile information. We may ask you to confirm your consent to these uses at the time you sign up for these services or communications.
B.Contests, Sweepstakes and Surveys. To participate in certain Services-related Promotions, including, but not limited to, contests, sweepstakes and surveys, there may be a separate registration process which may require the submission of both Personal Information and Additional Information (including your full name, email address, mailing address, telephone number, demographic or profile information, etc.). We will use the Information you provide for the purpose of conducting the Promotion (for example, to contact you if you have won). You may also have the opportunity to opt-in to receive special Promotions or offers from our Advertisers as a result of your use of the Services.
D.Advertising Service Providers. These Services may also 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, serve advertisements on the Services, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on or in connection with the Services. Such services may enable us to display advertisements based on your use of the Services and other websites, services and platforms you have visited or used. 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.
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3.HOW WE USE INFORMATION.
A.User. Except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use your Personal Information for many purposes, including, without limitation, the following:
- Providing any services or products that you request or purchase in connection with the Services, and contacting you regarding the administration of any features or functions of the Services you have registered to use;
- Sending you marketing and promotional e-mails;
- Allowing you to participate in the community and other features of the Services;
- Responding to your questions or other requests;
- Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services;
- Saving your User Account, registration and profile data or other Personal Information (so you do not have to re-enter it each time you visit or use the Services); and
- For other purposes disclosed at the time you provide us with the Personal Information or which are reasonably necessary to provide the Services or other related product and/or service requested.
B.User. In addition, except as prohibited by the terms and conditions of any applicable Third Party Platform (e.g., Facebook, etc.), we may use the Additional Information for many purposes, including, without limitation, the following:
- Tracking your return visits to and use of the Services;
- For research purposes, for marketing/promotional purposes and/or to provide anonymous reporting for internal and external clients, business partners, etc.;
- Accumulating and reporting aggregate, statistical information in connection with the Services and user activity;
- Determining which features and services users like best to help us operate the Services, enhance and improve our services and the Services and display advertising and marketing information;
- Tailoring your experience on the Services and/or otherwise customizing what you see when you visit and use the Services;
- Saving certain Additional Information for your ongoing use of the Services;
- For the uses described for “Personal Information” above; and
- For other purposes disclosed at the time you provide us with the Additional Information or which are reasonably necessary to provide the Services or other related product and/or service requested.
4.OPTING-OUT OF CERTAIN USES OF YOUR PERSONAL INFORMATION AND OTHER INFORMATION.
A.Marketing and Promotional Communications. At times, you may be presented with the option of whether to receive, or automatically entered to receive, certain marketing and promotional communications from us and others that we think will be of interest to you. Recipients of such communications can unsubscribe by either following the specific instructions included in such communications or you may “opt-out” of receiving marketing and promotional e-mails from us at any time by sending an email to us at info@ComeHome.tv detailing your privacy request. Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Also, please note that in order to keep you informed about the operation of our Services and related services, we may always send you emails and announcements that are needed for the proper functioning and administration of our Services, including for the purposes described in Section 3 above, in connection with your use of such Services. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for our internal purposes, and to help us to serve you better.
B.Use of Additional Information Collected by Tracking Technologies. If you would like to learn more about how Third Party Advertising Service Providers collect Additional Information about your interaction with the Services or find out how you can opt out from allowing these Third Party Advertising Service Providers to gather this information or use it to display targeted ads, please visit http://www.freewheel.tv/privacy.html and http://networkadvertising.org/consumer/opt_out.asp.
5.SHARING AND DISCLOSURE OF PERSONAL INFORMATION AND OTHER INFORMATION.
C.Disclosure of Certain Information in User Postings Intended to Be Disclosed. Certain Personal Information associated with a User Posting may be intended for disclosure, such as your username. We will disclose any such Personal Information in connection with the display of, and other services relating to, such User Posting and by submitting a User Posting on or in connection with the Services you affirmatively consent to the distribution of your Personal Information as described herein.
D.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 Services. We will refer to these third parties as “Third-Party Service Providers”. We use Third-Party Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to Third-Party Service Providers for the purpose of providing services to us and our affiliates. These Third-Party Service Providers may temporarily store certain Information on their servers, but they may only use your Personal Information to provide ComeHome.tv with a specific service and not for any other purpose.
6.USER CHOICE AND ACCESS.
A.The Services may have certain features and functionality that provide you with the ability to set certain privacy, permission and User Account options on the Services that, among other things, (i) allow you to control the visibility of your User profile and User Postings (including, without limitation, your playlists) with the public and/or other Users of the Services, (ii) limit the provision of certain Information to us, such as location data, and/or (iii) limit our ability to take certain actions that may disclose your Information (e.g., posting status messages, notes, photos, videos etc. to Third Party Platforms on your behalf). These privacy, permission and User Account options may be controlled by changing your User Account or Services settings, whether by (x) responding to request alerts or notifications that may be presented to you on your Device prior to or following the collection of the relevant Information, (y) navigating to the settings, account or privacy section (as the case may be) of your Device, the applicable Third Party Platform and/or the applicable Service and limiting certain Service functionality (e.g., location services, etc.) and/or (z) using other available methods of controlling your options and settings. Please be aware that that if you limit the collection of certain Information, you may not be able to use all of the features and functionality of the Services.
7.DATA COLLECTION FROM CHILDREN. We do not knowingly collect personal information from U.S. children under 13 without appropriate parental notice and consent. Please visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for information from the Federal Trade Commission about protecting children’s privacy online.
8.SECURITY. While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information. However, regardless of our efforts and the Device you use to access the Services, 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 Services by our own employees, contractors, Third-Party Service Providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and Third-Party Service Providers follow similar standards of security and confidentiality.
9.YOUR CALIFORNIA PRIVACY RIGHTS. If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe“) or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to our Privacy Administrator at info@ComeHome.tv. 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 e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
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