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MUSIC CHOICE® PRIVACY POLICY – CALIFORNIA CONSUMERS ONLY

Updated as of January 1, 2020

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If you are a California resident, this is the privacy policy that applies to you (“Privacy Policy”) for the websites and mobile and television applications affiliated with the services operated by Music Choice, including but not limited to the MUSIC CHOICE® Enhanced Television Application (collectively, the “Sites”). This is the place where we tell you what types of information we collect from you as a California consumer through your interaction with the Sites, how we may use, share and disclose such information to third parties, and your rights related thereto. This Privacy Policy applies whether you provide information to Music Choice via a personal computer, a mobile device, a set-top digital box, or any other technology or device, and whether or not you have created a profile for the Music Choice services.

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Your Rights as a California Consumer:

Pursuant to The California Consumer Privacy Act of 2018 (the “CCPA”), as a California consumer you have certain very specific rights with regard to your personal information. as follows:

One: You have the right to request that Music Choice disclose to you:

(1) The categories of personal information Music Choice has collected about you.
(2) The categories of sources from which the personal information is collected.
(3) The business or commercial purpose for collecting or selling personal information.
(4) The categories of third parties with whom Music Choice shares personal information.
(5) The specific pieces of personal information Music Choice has collected about you.

Right to Know Request.  The right outlined directly above is sometimes referred to in this Privacy Policy as the “Right to Know”. If you wish to make a Right to Know request of Music Choice regarding the personal information listed above, you may either submit such request online at the Music Choice website at https://musicchoice.com/ccpa-form-1/ or call Music Choice toll-free at 1-888-984-2422.

Two: You have the right to request that Music Choice delete any personal information about you which Music Choice has collected from you.

Right to Delete Request. The right outlined directly above is sometimes referred to in this Privacy Policy as the “Right to Delete”. If you wish to make a Right to Delete request of Music Choice, you may either submit such request online at the Music Choice website at https://musicchoice.com/ccpa-form-1/or call Music Choice toll-free at 1-888-984-2422.

Three: You have the right to request that if Music Choice sells your personal information, or discloses it for a business purpose, Music Choice disclose to you the following:

(1) The categories of personal information Music Choice has collected about you.
(2) The categories of personal information that Music Choice sold about you and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
(3) The categories of personal information that Music Choice disclosed about you for a business purpose.

Right to Know Request. If you wish to make a Right to Know request of Music Choice regarding the personal information listed above, you may either submit such request online at the Music Choice website at https://musicchoice.com/ccpa-form-1/ or call Music Choice toll-free at 1-888-984-2422.

Four: You have the right, at any time, if Music Choice sells your personal information to third parties, to direct Music Choice not to sell your personal information, also known as a “right to opt out”.

Please note that as of and following January 1, 2020, Music Choice does not sell the personal information of California consumers.

Fifth: Music Choice will not discriminate against you as a California consumer because you choose to exercise any of your rights under the CCPA, including the rights set forth above.  

This Privacy Policy is intended to comply with the requirements of the CCPA and any term not otherwise defined herein shall have the meaning given such term in the CCPA.

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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. The term “Personal information” or “personal information” as referenced in this Privacy Policy is defined by the CCPA and includes information we may collect that identifies, relates, describes, could be associated with or could reasonably be linked with, you or your household. Here are some examples: Real name, alias, postal address, unique personal identifier, online identifier Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

In accordance with the CCPA, please note that the disclosures below are based on the last 12 months, but unless otherwise expressly noted, such information continues to be collected and/or disclosed to third parties as outlined below on a going forward basis.

1. Categories of Personal Information collected by Music Choice:

In the last 12 months (that is, the 12 months prior to January 1, 2020), Music Choice has collected the following Personal Information about consumers:

  • Real name
  • Display/User Name
  • Email Address
  • City, State and/or Zip code (or in some cases, full address)
  • Date of Birth
  • IP Address (a number that lets computers attached to the Internet know where to send you data – such as the webpages you view) by consumer device
  • Social Media Provider User ID and other associated information (the ID you use to log into or use certain social networking websites, plug-ins and applications, including Facebook, Twitter and YouTube, and information associated with that ID such as name, username, email address, profile picture, gender)
  • Device Type (such as Set-top box, Android phone, iPhone, IPad, etc.)
  • Unique device identifier (identification number unique to your device when you interact with the Sites using, for example, a mobile device such as a cell phone, iPad, or a set-top digital box)
  • Device Friendly Name (for example, “Bill’s iPhone”)
  • MVPD Provider User Account ID (an MVPD provider is your cable TV or telco TV/video programming provider such as Comcast, Verizon FiOS, etc.)
  • Consumer Profiles list by Device
  • Individual IP Address
  • “TV Everywhere” User ID and associated “TV Everywhere” Cable Provider (“TV Everywhere” permits you to view content you normally would access from your television on a mobile device such as your cell phone or iPad/similar device)
  • Consumer views of Music Choice content (this includes information we gather about the features you use, the web pages and channels you visit, and the search terms you enter, and may be gathered via Cookies or Web Beacons (more information about Cookies and Web Beacons is set forth in Section A.2. below)
  • MVPD Provider (Consumer’s cable TV or telco TV/ video programming provider such as Comcast, Verizon FiOS, etc.)
  • Telephone number
  • Consumer photos or images/Consumer gender
  • Location Information (based on device location or IP address)

The above list provides the Personal Information that may be collected from consumers on the Sites, but the actual Personal Information collected about you may differ depending on the features of the Sites and Music Choice services you use. For certain features of our services, 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 those particular features.

2. Sources of the Personal Information collected by Music Choice.

In the last 12 months (that is, the 12 months prior to January 1, 2020), Music Choice has collected Personal Information of consumers from the following sources:

  • Profile Information. If you set up a profile on the Sites, we may collect your first and last name, your e-mail address, a display/user name you choose, a social media user ID if you use such ID to set-up a profile, and your date of birth to identify you primarily for purposes of the Children’s Online Privacy Protection Act (“COPPA” – see Section D. below).
  • Other Contact Information. We collect your first and last name, date of birth, phone number and/or e-mail address from several sources. For example, we may collect your information if you (a) choose to participate in a contest or sweepstakes offered on the Sites, or offered via another means, such as through Twitter or a mobile device; (b) interact with certain features and functions of the Music Choice services that allow you to submit information, feedback, post content, etc. by e-mail, text message, instant message or other similar technology; (c) vote in a poll or send a shout out from your mobile phone or send us your picture or video for broadcast by e-mail or via social media; (d) submit your e-mail address or telephone number when you contact us with a question or sign up to receive a newsletter or other updates regarding our content, its availability, or other products or services offered by us or our business partners; (e) provide your mobile phone number (in accordance with the terms herein) when you interact with the Music Choice services so that we may ask you for information, including without limitation, information about your music preferences or other information to personalize your participation; (f) upload your name, image or other Personal Information when posting any content on the Sites, such as video files, or other communications made via chat rooms or social media; or (g) as part of verifying your identity for purposes of complying with a CCPA Request to Know/Request to Delete from you.
  • Identifiers. We collect the consumer identifiers noted above (IP Address, Social Media Provider User ID, Device Type, Unique device identifier, Device Friendly Name, MVPD Provider User Account ID, Consumer Profiles list by Device, “TV Everywhere” User ID and associated “TV Everywhere” Cable Provider, MVPD Provider, and Location Information each time you view content on, or interact with, the Sites.
  • Consumer views of Music Choice content. We collect this information each time you view content on (for example, watching a video or listening to a song), or interact with, the Sites. We may also collect this information via Cookies or Web Beacons (see more information below)

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.

  • Cookies and Web Beacons Information
    • When you access the Sites, Music Choice will also place a “cookie” on your device. A cookie is a small amount of text that is stored on your device and enables our servers to recognize your device when you return. We use cookies to store information, such as your user ID or device identification number, so that we can avoid burdensome and repetitive requests for information and to compile data regarding usage of the Sites. Some of the cookies that we use may be Flash cookies or Adobe cookies. While they are harmless, they may contain certain Personal Information and depending on your browser and plug-ins these cookies may not normally be deleted when your cookies are deleted. Please check your browser and plug-ins to determine where these types of cookies are stored and how they may be deleted. We may also use cookies or other similar tracking technology to collect other information regarding the usage of our services, such as data regarding the number of users of a service, and the number of times a service is accessed. For more information on cookies, including instructions on how to disable them, please refer to your browser’s website. But please be advised, disabling cookies will prevent Music Choice from providing certain services to you.
    • Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”). “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, web beacons can tell the sender whether and when an e-mail has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.

3. Business Purpose for Collecting/Selling Personal Information:

In the last 12 months (that is, the 12 months previous to January 1, 2020), Music Choice’s business purposes for collecting and/or selling Personal Information of consumers are as follows:

  • To provide you with the Music Choice services (including personalized services and/or certain subscription services you may have elected to purchase through your video programming provider)
  • To enable Music Choice’s profile feature enabling recommendations and access to certain personalized content and other features/functions allowing posting or submission of content
  • To enable us to answer your feedback, questions or requests for support;
  • To enable Music Choice to send marketing, promotional and other messages to you (Please note 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” in Section F. below.)
  • To contact you if you win a sweepstakes or giveaway to fulfill the terms of that promotion (for example, this means that we may share the information for prize fulfillment purposes with mail carriers)
  • With your consent, to permit sweepstakes/giveaway or other promotional partners to contact you with marketing messages
  • To verify your identity for purposes of complying with a CCPA Request to Know/Request to Delete from you
  • To help us understand the activity on our Sites
  • To monitor and improve our Sites
  • For advertising purposes so we may place and serve advertisements from various advertisers and via various advertising platforms on the Sites and other websites (including social media sites such as Facebook and Twitter)
  • To report viewing to our content providers and to video programming distributors (such as your cable or telco TV provider), but in each case only on an aggregated and anonymized basis, which is not a disclosure of consumer Personal Information
  • To verify your e-mail address, mobile phone number, or device as part of the Music Choice services (for example, an adult setting up a profile for a child will be contacted for consent purposes pursuant to COPPA)
  • To use social media account information to personalize your experience on our website and on the third-party social networking websites, plug-ins and applications, and/or engage with our content on or through such third-party social networking websites, plug-ins and applications,
  • 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 notify you about a material change to this Privacy Policy or the Music Choice Terms of Use, if necessary
  • To otherwise administer the Sites or your interaction with the Music Choice service
  • To create marketing analyses and reports showing how Music Choice users, as collective groups, interact with our services, and develop reports that help us and other strategic third parties determine what interests Music Choice users, as a group (such reports will not contain any Personal Information about you)

4. Categories of third parties with whom Music Choice shares Personal Information:

In the last 12 months (that is, the 12 months previous to January 1, 2020), Music Choice has shared Personal Information of consumers with the following types of third parties:

  • Service Providers. These are third parties who help us maintain our Sites and provide other administrative services to us (such as tracking and maintaining and analyzing data, sending customer communications on Music Choice’s behalf, and entry prize fulfillment for contests, sweepstakes and other promotions). They may also assist us in fulfilling a service to you (such as if you choose to watch a video on the Sites, we may share certain Personal Information (including identifiers) in order to provide the program to you). On a going forward basis, our Service Providers may not use Personal Information for any other purpose than to provide the services for which they are responsible to Music Choice.
  • Advertisers. Several Music Choice services and Sites are ad-supported. We share certain Identifiers and consumer viewing data with our advertisers and advertising platforms to eliminate repetitive ads and to serve you ads that may be of interest to you based on your viewing habits. As of January 1, 2020, Music Choice will not share California consumer Personal Information with advertisers and advertising platforms (that is, all California consumers will be automatically “opted-out” of such sharing).
  • Content Providers. We share certain Identifiers and consumer viewing data with our content providers, but in each case only on an aggregated and anonymized basis, which is not a disclosure of consumer Personal Information. Content providers are companies that provide Music Choice with audio and video content for further distribution to consumers in exchange for a license fee paid by us, and the provision of this data is required as part of Music Choice’s reporting and license fee payment requirements.
  • Video Programming Distributors. We share certain Identifiers and consumer viewing data with video programming distributors (for example, the cable or telco TV provider to whom you subscribe for TV content) with whom we have contracts, but in each case only on an aggregated and anonymized basis, which is not a disclosure of consumer Personal Information.
  • Promotional Partners. We share certain Personal Information with third parties who help us promote and/or sponsor a given sweepstakes, giveaway or other similar promotion or event, but only with your consent. As of January 1, 2020, Music Choice will not share California consumer Personal Information with such promotional partners.

Although such sharing has not occurred in the last 12 months, it is possible that at some point in the future Music Choice might have to share your Personal Information in the following limited circumstances:

  • 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.
  • To investigate or prevent actual or suspected loss or harm to persons or property.
  • 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.
  • 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.

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B. PERSONAL INFORMATION THAT WE SELL

Under the CCPA, the definition of “sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing or by electronic or other means a consumer’s personal information by Music Choice to another business or a third party for monetary or other valuable consideration. Per the foregoing definition, which includes making available and disclosing information, and because Music Choice has interpreted it broadly in favor of the California consumer, in the last 12 months (that is, the 12 months previous to January 1, 2020), Music Choice has sold the following Personal Information of consumers. However, as of January 1, 2020, Music Choice will not sell the Personal Information of California consumers.

  • Real name
  • Display/User Name
  • Email Address
  • City, State and/or Zip code (or in some cases, full address)
  • Date of Birth
  • IP Address (a number that lets computers attached to the Internet know where to send you data – such as the webpages you view) by consumer device
  • Social Media Provider User ID and other associated information (the ID you use to log into or use certain social networking websites, plug-ins and applications, including Facebook, Twitter and YouTube, and information associated with that ID such as name, username, email address, profile picture, gender)
  • Device Type (such as Set-top box, Android phone, iPhone, IPad, etc.)
  • Unique device identifier (identification number unique to your device when you interact with the Sites using, for example, a mobile device such as a cell phone, iPad, or a set-top digital box)
  • Device Friendly Name (for example, “Bill’s iPhone”)
  • MVPD Provider User Account ID (an MVPD provider is your cable TV or telco TV/video programming provider such as Comcast, Verizon FiOS, etc.)
  • Consumer Profiles list by Device
  • Individual IP Address
  • “TV Everywhere” User ID and associated “TV Everywhere” Cable Provider (“TV Everywhere” permits you to view content you normally would access from your television on a mobile device such as your cell phone or iPad/similar device)
  • Consumer views of Music Choice content (this includes information we gather about the features you use, the web pages and channels you visit, and the search terms you enter, and may be gathered via Cookies or Web Beacons (more information about Cookies and Web Beacons is set forth in Section A.2. below)
  • MVPD Provider (Consumer’s cable TV or telco TV/ video programming provider such as Comcast, Verizon FiOS, etc.)
  • Telephone number
  • Consumer photos or images/Consumer gender
  • Location Information (based on device location or IP address)

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C. PERSONAL INFORMATION THAT WE DISCLOSE FOR A BUSINESS PURPOSE In the last 12 months (that is, the 12 months previous to January 1, 2020), Music Choice has disclosed the following Personal Information of consumers

  • Real name
  • Display/User Name
  • Email Address
  • City, State and/or Zip code (or in some cases, full address)
  • Date of Birth
  • IP Address (a number that lets computers attached to the Internet know where to send you data – such as the webpages you view) by consumer device
  • Social Media Provider User ID and other associated information (the ID you use to log into or use certain social networking websites, plug-ins and applications, including Facebook, Twitter and YouTube may offer and information associated with that ID such as name, username, email address, profile picture, gender)
  • Device Type (such as Set-top box, Android phone, iPhone, IPad, etc.)
  • Unique device identifier (identification number unique to your device when you interact with the Sites using, for example, a mobile device such as a cell phone, iPad, or a set-top digital box)
  • Device Friendly Name (for example, “Bill’s iPhone”)
  • MVPD Provider User Account ID (an MVPD provider is your cable TV or telco TV/video programming provider such as Comcast, Verizon FiOS, etc.)
  • Consumer Profiles list by Device
  • Individual IP Address
  • “TV Everywhere” User ID and associated Cable Provider
  • Consumer views of Music Choice content (this includes information we gather about the features you use, the web pages and channels you visit, and the search terms you enter, gathered via Cookies or Web Beacons (as explained in Section A.2. above)
  • MVPD Provider (Consumer’s cable TV or telco TV/ video programming provider such as Comcast, Verizon FiOS, etc.)
  • Telephone number
  • Consumer photos or images/Consumer gender
  • Location Information (based on device location or IP address)

Although such sharing has not occurred in the last 12 months, it is possible that at some point in the future Music Choice might have to share your Personal Information in the following limited circumstances:

  • 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.
  • To investigate or prevent actual or suspected loss or harm to persons or property.
  • 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.
  • 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.

 

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D. Children Under Age 13

1. General

While many sections of our Sites are designed with users of all ages in mind, others are intended to be used mainly by children. We respect your right as a parent or guardian to understand Music Choice’s information practices regarding children, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information. We abide by the federal Children’s Online Protection Act (COPPA) and follow these procedures when collecting/using Personal Information of children. This section of our Privacy Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 (“child” or “children”). In any instance where we ask for age and determine the user is age 12 or under, we will send an email to a parent or guardian email address before we collect any Personal Information from the child. If we do not receive parental consent within a reasonable time, we will delete the information collected from the child in connection with that activity and the parent/guardian contact information associated with that child. If you believe your child is participating in an activity that collects Personal Information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please contact us at [email protected]. If we discover that we’ve unintentionally collected information from a child in a way that doesn’t meet COPPA requirements or comply with this Privacy Policy, we will delete the information immediately.

2. Collecting and Using Children’s Information

Here are some examples of when Music Choice collects children’s data:

  • When a parent/guardian sets up an account or profile for a child.

Before an account or profile can be set up for a child on the Sites, a parent or guardian profile must first be created. When the parent/guardian then sets up a child profile, Music Choice collects the child’s birthdate to identify the profile as a child’s, and the child’s user name selected by the parent/guardian. Music Choice strongly encourages creation of a user name that excludes any Personal Information.

  • When we collect Identifiers and other Personal Information.

When children interact with us, certain information may automatically be collected as described in Section A. of this Privacy Policy, both to make our Sites more interesting and useful to children and for various purposes related to our business as disclosed in Section A. above. A list of Personal Information, including Identifiers we collect, is listed in Section A.1. of this Privacy Policy. Examples include the child’s IP address or mobile device identifier, the frequency with which the child visits various parts of our Sites, and information regarding the television provider. This information is collected by Music Choice using technologies such as cookies, web beacons, and other unique identifiers (which we reference and explain in Section A.2. of this Privacy Policy). The data we collect from a child’s profile is principally used for internal purposes, in order to:

    • provide children with access to features and activities on our sites and applications
    • customize content and improve our sites and applications
    • conduct research and analysis to address the performance of our sites and applications
    • generate anonymous reporting for use by Music Choice

This data may also be anonymized and aggregated with other users’ data and provided by Music Choice or a third party service provider to our content providers so that we may license the content we include in our services, and to our third party advertisers in the same anonymized and aggregated manner for general advertising purposes as otherwise explained in this Privacy Policy. Personal Information of children is not collected, nor is it shared with third parties, without a parent’s or guardian’s explicit consent. As of January 1, 2020, and consistent with Music Choice’s treatment of other California consumers’ Personal Information hereunder, California children’s Personal Information will not be “sold” as defined by the CCPA.

3. Additional Disclosure.

In addition to the collection and disclosure described in Section D.2. of this Privacy Policy (see directly above), we also may share or disclose Personal Information collected from children in a limited number of instances, including the following:

(i) We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.

(ii) We may disclose Personal Information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose Personal Information collected from children (A) in response to a law enforcement or public agency’s (including schools or children services) request; (B) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications; (C) to protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or (D) enable us to take precautions against liability.

If Music Choice wants to collect children’s data for any other reason than those disclosed in this Privacy Policy, we will contact the child’s parent or guardian for consent in advance.

4. Revocation of Parental Consent.

In addition to the specific rights of California consumers set forth in the beginning of this Privacy Policy, at any time, parents/guardians can refuse to permit us to collect further Personal Information from their children, and can request that we delete from our records the Personal Information we have collected in connection with that child’s account or profile. Please keep in mind that a request to delete records may lead to a termination of an account/profile, membership, or other service.

We use the following method to allow parents/guardians to access or change a child’s Personal Information, or revoke consent for us to collect further Personal Information from their children:

Here are the steps to take on the mobile application:

  • Sign-in to the Parent/Guardian profile with which the child (KIDS) profile is associated
  • Click on the “Profile” icon [Add profile symbol here] in the upper right corner of the mobile application
  • Select “KIDS Profiles”
  • Select “Update Profile”
  • Select “Delete Profile”

Here are the steps to take on television:

  • The Parent/Guardian profile that the KIDS profile is associated with must be selected and active
  • Select the KIDS profile you wish to delete
  • Arrow down with your remote and select the “Trash” icon
  • Enter the PIN for the Parent/Guardian profile
  • Confirm that you wish to delete the selected KIDS profile by choosing “Yes, Delete Profile”

We use the following method to allow parents/guardians to delete the Personal Information that we have collected from their children in connection with that child’s account or profile: Send an email to us at [email protected]. Please reference “Policy/Children” in the Subject line of your email. A valid request to delete Personal Information will be accommodated within a reasonable time.

Any other inquiries may be directed to:

Music Choice
650 Dresher Road
Horsham, PA 19044
United States of America
Attn: Legal Department
Phone: (215) 784-5894
Email: [email protected]

In any correspondence such as e-mail or mail, please include the child’s username and the parent’s or guardian’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s or guardian’s identity before granting access to any Personal Information.

 

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E. Users Between the Ages of 13 and 18
We recommend that minors 13 years or older ask their parents/guardians for permission before registering on the Sites, creating profiles, or using any of the community features of the Music Choice services.

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F. Opt-Out

As noted above, as of January 1, 2020 Music Choice will not sell your Personal Information and so does not employ a global Opt-Out per the CCPA. However, you may opt-out of receiving marketing or promotional messages from Music Choice 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.Also, although Music Choice does not employ a global Opt-Out, you may still opt-out individually with regard to provision of certain Personal Information to certain of our service providers as outlined below:

Google Analytics. To help facilitate the delivery of relevant content, Music Choice may utilize Google Analytics to identify how users engage with our Sites and to provide us with interest and demographic information regarding our users. Music Choice may also use this data for optimizing marketing and refining advertising and/or programming strategies. Google provides a complete privacy policy and instructions on opting out of Google Analytics here: http://www.google.com/intl/en/analytics/privacyoverview.html.

Nielsen. Music Choice Sites may feature Nielsen proprietary measurement software, which will allow you to contribute to market research, such as Nielsen TV Ratings. To learn more about the information that Nielsen software may collect and your choices with regard to it, including opt-out procedures, please see the Nielsen Digital Measurement Privacy Policy at http://www.nielsen.com/digitalprivacy.

Mixpanel. Music Choice Sites may feature Mixpanel software which collects data through your web browsers while on Music Choice’s websites and mobile applications. You can opt-out of Mixpanel’s automatic retention of data collected through such web browsers by visiting https://mixpanel.com/optout. To track opt-outs, Mixpanel uses a persistent opt-out cookie placed on your devices. Mixpanel opt-out cookies will not stop Music Choice from sending other data about you from Music Choice’s servers to Mixpanel, nor will it prevent any other data collection methods. If you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers) you may also clear the Mixpanel opt-out cookie.

Freewheel. Music Choice Sites may feature Freewheel software which collects or receives information from the Web browsers of individuals that are either visiting Music Choice’s websites or otherwise viewing content that is owned or displayed by Music Choice. This information includes frequency of ads delivered and other delivery statistics, time, browser type and version, visitor’s operating system, device type, referral URL, visitors’ IP addresses, visitors’ countries inferred from their IP addresses, and cookie data, including User IDs. At this time Music Choice has qualified Freewheel as a service provider under the CCPA by automatically opting out all California consumers with regard to provision of Personal Information to Freewheel. To learn more about the information that Freewheel software may collect, please see Freewheel’s privacy policy at http://freewheel.tv/privacy-policy/.

Branch.io. Music Choice sites may feature Branch software which collects data through the use of pixels and URLs which are placed on Music Choice’s websites and mobile applications, as well as, Branch’s Software Development Kit which includes code that allows Music Choice to use the Branch Services. You can opt-out of Branch’s browser cookie tracking by visiting https://app.link/optout. You can opt-out of Branch’s integration with the Network Advertising Initiative by visiting http://optout.networkadvertising.org/?c=1. You can submit a request to opt-out of the Branch Services on a particular device by visiting https://gdpr.branch.io/hc/en-us/requests/new?ticket_form_id=360000425152&_branch_match_id=641352965249080459. To track opt-outs, Branch uses a persistent opt-out cookie placed on your devices. Cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. Branch opt-out cookies will not stop Music Choice from sending other data about you from Music Choice’s servers to Branch, nor will it prevent any other data collection methods. If you get a new computer, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers) you may also clear the Branch opt-out cookie.

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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.

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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.

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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.

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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.

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K. Third Party Web Sites
This statement applies solely to information collected on the Sites. The Sites may contain links to other web sites. We provide these links as a convenience to the user, and the links are not intended as an endorsement or referral to the third party web sites. We are not responsible for the privacy practices of the content of these other web sites. The linked web sites have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully.

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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.

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M. Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy as the Music Choice services grow and improve or to respond to changing legal regulations or business concerns. When we do, we will also revise the “last update” date at the bottom of this Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of Personal Information you have provided to us, we notify you by sending a notice to the primary e-mail address specified in your account or by placing a prominent notice on the Sites. As referenced on the first page of this Privacy Policy, you should also read the Music Choice Terms of Use at https://musicchoice.com/content/legal/TermsOfUse.htm that govern your interaction with the Music Choice services, and if you are using a Music Choice mobile or television application, the applicable End User License Agreement (“EULA”)

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Questions?

For inquiries regarding this Privacy Policy or how we or our service providers collect, use, disclose or otherwise process your information as a California consumer, please send an e-mail to [email protected].

 

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