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MUSIC CHOICE® PRIVACY POLICY
Updated as of October 26, 2020

This Music Choice Privacy Policy applies to all consumers (“Privacy Policy”) for the website, mobile and television applications, features, and subscriptions affiliated with the products/services provided by Music Choice, including but not limited to the MUSIC CHOICE® Enhanced Television Application, the Music Choice website, and any subscription services (such as Music Choice Karaoke, Music Choice Relax, Music Choice PLUS) you have elected to trial and/or purchase (collectively, the “Products”). This is the place where we tell you what types of information we collect from you as a consumer through your interaction with our Products, how we may use, share, disclose and sell 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.

Consent Regarding Your Information/Other Terms:

When using the Products you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy, provided that if a user is under the age of 13, Music Choice’s information practices set forth in Section D. below will also apply.

Your use of the Products is also expressly subject to Music Choice’s Terms of Use (https://musicchoice.com/legal/terms-of-use/). This means that by using any of the Music Choice Products, you are agreeing to such Terms of Use.  In addition, your use of the Music Choice applications means you also agree as follows:  (i) if you use Music Choice’s iOS mobile application, you agree to be legally bound by Apple’s standard Licensed Application End User License Agreement (EULA), which is part of the Apple App Store Terms of Service, (ii) if you use Music Choice’s Android mobile application,  you agree to be legally bound by Music Choice’s End User License Agreement for Android (http://www.musicchoice.com/content/legal/MC-Android-EULA.htm), and (iii) if you use Music Choice’s Enhanced Television Application, you agree to be legally bound by Music Choice’s End User License Agreement for the Music Choice Enhanced Television Application (http://www.musicchoice.com/content/legal/MC-ETV-EULA.htm).

You understand and agree that you will be charged standard data rates by your wireless carrier for all interactions with the Products using a mobile device.

A.     INFORMATION THAT WE COLLECT

When you use our Products, we collect various types of information, some of which may include your personal information. The types of personal information we collect from you depends on the features, services and Products you use. The term “Personal information” or “personal information” as referenced in this Privacy Policy 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.

  1. Categories of Personal Information collected by Music Choice:

Music Choice may *collect the following categories of Personal Information about consumers:

  • Identification information such as your Real Name or Display/User name, your Date of Birth, your photo or image, your gender
  • Contact information (Email Address; City, State and/or Zip code, or in some cases, full address and/or telephone number such as for voluntary entry into a sweepstakes or a request for support)
  • 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)
  • 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, and associated location information
  • Unique device identifiers such as a Set-top box, Android phone, iPhone, iPad, etc., and/or identification number or name unique to your device when you interact with the Products using, for example, a mobile device such as a cell phone, iPad, or a set-top digital box
  • 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)

*Also, depending on how you interact with the Products, we may have access to (we don’t directly collect from you unless you or your MVPD Provider provide) the identity of your MVPD Provider and/or such MVPD’s User Account information for you such as an Account ID or User ID (an MVPD provider is your cable TV or telco TV/video programming provider such as Comcast, Mediacom, Charter, Verizon FiOS, etc.)

The above list provides the Personal Information that may be collected from consumers on the Products, but the actual Personal Information collected about you may differ depending on the features of the Products 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.

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

Music Choice may collect Personal Information of consumers from the following sources:

  • Profile Information. If you set up a profile on the Products, 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) and to comply with other applicable privacy laws.
  • Other Contact Information. We may 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 Products, 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 you are posting any content on the Products, 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 California Consumer Privacy Act of 2018 Request to Know/Request to Delete from you.
  • Identifiers. We collect the consumer identifiers noted above (IP Address, Social Media Provider User ID, Unique device identifiers, and if provided access by your MVPD Provider, MVPD account information for you), and associated general location information (e.g., zipcode) each time you view content on, or interact with, the Products.
  • 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 Products. We may also collect this information via Cookies or Web Beacons (see more information below)

We may collect the above information from visitors to, and users of, our Products.  If you do not want Music Choice to have access to this information, please do not visit or use our Products.

  • Cookies and Web Beacons Information
    • When you access the Products, 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 Products.  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 Products 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.
  1. Business Purpose for Collecting/Selling Personal Information:

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 E. below.)
  • To contact you if you win a sweepstakes or giveaway you elect to enter 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 Request to Know/Request to Delete Personal Information from you (for example, as required under the California Consumer Privacy Act of 2018 (also known as the “CCPA”))
  • To help us understand the activity on our Products
  • To monitor and improve our Products
  • For advertising purposes so we may place and serve advertisements from various advertisers and via various advertising platforms on the Products 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 the case of video programming distributors, only on an aggregated and anonymized basis with other viewers’ information, 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 Products and/or otherwise customizing what you see on the Products 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 Products
  • To notify you about a material change to this Privacy Policy or the Music Choice Terms of Use, if necessary
  • To otherwise administer the Products 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)
  1. Categories of third parties with whom Music Choice shares Personal Information:
  • Service Providers. These are third parties who help us maintain our Products 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 Products, we may share certain Personal Information (including identifiers) in order to provide the program to you). 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.  An example of a Service Provider is Mixpanel, a data analytics company, and Google Analytics.
  • *Advertisers. Several Music Choice services and Products are ad-supported and thus provide advertising revenue to Music Choice.  We may 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; advertising revenue enables Music Choice to provide certain Products at less cost. An example of such companies are advertising software platforms which assist in placing advertising from different companies on Music Choice’s videos.
  • *Content Providers. We may share certain Identifiers and consumer viewing data with our content providers.  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. Examples of such companies are Universal Music Group and Warner Music.
  • *Media Measurement Companies. We may share certain Identifiers and consumer viewing data with media measurement/analytics companies who provide marketing data and analytics to Music Choice, but also to third party media and advertising agencies and publishers, based on the viewing habits of Music Choice users.  Well-known examples of such companies are Nielsen (“Nielsen ratings”) and Comscore.
  • Video Programming Distributors. We share certain Identifiers and consumer viewing data with video programming distributors also known as MVPD providers (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 with other viewers’ information, 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 express consent as part of such promotion or event.     

* In many cases, the data Music Choice provides to these companies is shared only on an aggregated and anonymized basis with other users’ data, which is not a disclosure of consumer Personal Information. For those Products you use for which Music Choice does share Personal Information, you will be given the opportunity to “Opt-Out” of such sharing (current examples of such Products are the ETV television application and subscription services accessed via ETV such as Music Choice PLUS).  See Section E. below.

Also, 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 its Content Providers, the Products 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.

 

B.     PERSONAL INFORMATION THAT WE DISCLOSE FOR A BUSINESS PURPOSE OR SELL

Music Choice may disclose for a business purpose or sell the following categories of Personal Information of consumers; categories of third parties to whom Music Choice discloses or sells such information (see Section A.4. above for description of such third party categories) is also set forth below:

  • Identification information to the extent collected such as your Real Name or Display/User name, your Date of Birth, your photo or image, your gender
    • Disclosed to Service Providers
    • Disclosed/sold to Promotional Partners, but only with your express consent
  • Contact information (Email Address; City, State and/or Zip code, or in some cases, full address and/or telephone number such as for voluntary entry into a sweepstakes or a request for support)
    • Disclosed to Service Providers
    • Disclosed/sold to Promotional Partners, but only with your express consent
  • 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)
    • Disclosed to Service Providers
    • Disclosed/sold to Promotional Partners, but only with your express consent
  • 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, and associated location information
    • Disclosed to Service Providers
  • Unique device identifiers such as a Set-top box, Android phone, iPhone, iPad, etc., and/or identification number or name unique to your device when you interact with the Products using, for example, a mobile device such as a cell phone, iPad, or a set-top digital box
    • Disclosed to Service Providers
    • Disclosed/sold to Advertisers, Content Providers, and Media Measurement Companies
  • 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)
    • Disclosed to Service Providers
    • Disclosed to Video Programming Distributors, but only on an anonymized, aggregated basis with other viewers’ information which is not a disclosure of your Personal Information
    • Disclosed/sold to Advertisers, Content Providers, and Media Measurement Companies

Music Choice does not disclose or sell Personal Information that identifies you (either alone or in a group) as a particular Video Programming Distributor subscriber(s) (e.g., as a Comcast, Mediacom, Verizon FiOS, etc. subscriber).

As a Music Choice consumer, you have the right to Opt-Out of the sale of your Personal Information at any time (“sale” does not include sharing/disclosure to Service Providers).  Please see Section E. below for Opt-Out information or click here: https://musicchoice.com/legal/do-not-sell-my-personal-information/.

You also have the right to request that Personal Information Music Choice collects about you be deleted; accordingly, whether or not you are a California subscriber you may follow the procedures set forth in Section L. below to request your Personal Information be deleted.

 

C.     Users Between the Ages of 13 and UNDER 16; other minors

Music Choice sells Personal Information of users ages 13 to under 16 only if such users affirmatively take action and change their Opt-Out settings from the default setting of “Do Not Sell My Personal Information” to permit such sale.   See Section E. below for more information. We recommend that minors 13 years or older ask their parents/guardians’ permission before registering on the Products, creating profiles, or using any of the community features of the Music Choice services and Products.

D.     Children Under Age 13

  1. General.

Music Choice does not sell Personal Information of users under the age of 13.  Accordingly, users are automatically defaulted to “Do Not Sell My Personal Information” as outlined in the Opt-Out section of this Privacy Policy (Section E.), and this default cannot be changed.  While many sections of our Products 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, if you are a California resident please contact us at [email protected] and if you are a resident of any other state 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.

  1. 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 Products, 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 Products 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 Products; we may also have access to information regarding the television provider disclosed to us by the 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 Products and applications
  • customize content and improve our Products and applications
  • conduct research and analysis to address the performance of our Products and applications
  • generate anonymized 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.

  1. 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 Products or applications; (C) to protect the security or integrity of our Products, 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.

  1. Revocation of Parental Consent.

In addition to the specific rights of California consumers set forth in Section L. 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 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 previously collected from their children in connection with that child’s account or profile:  If you are a California resident, send an email to us at [email protected]. If you are a resident of any other state, 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, subject to applicable law.

Any other inquiries regarding children and Personal Information may be directed to:

Music Choice
650 Dresher Road
Horsham, PA 19044
United States of America
Attn:  Legal Department

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 in accordance with applicable law to help verify a parent’s or guardian’s identity before granting access to any Personal Information.

 

E.     Opt-Out
As a consumer, you have the right to direct Music Choice to stop selling your Personal Information and to not sell your Personal Information in the future.
  In accordance with applicable law, “sell” includes sharing your personal information with certain third parties as outlined in this privacy policy.

To exercise your Right to Opt-Out of Sale of Personal Information:

  1. Check the box next to “Don’t Sell My Personal Information” in your Profile settings or at dashboard.musicchoice.com; if the box is not checked, then your personal information may be shared/sold;

OR

  1. Send an email to Music Choice at [email protected]

*You can change your mind at any time by returning to your Profile settings or going to dashboard.musicchoice.com and checking or unchecking the box next to “Don’t Sell my Personal Information”, or you can send an email as noted in 2. directly above.

The third parties with whom Music Choice may share/sell your personal information depends on the Music Choice Products you use. For additional information, please see Section B. above.

*If you are a user 13 to under 16, you are automatically defaulted to “Don’t Sell My Personal Information”, but you may change it to permit sale of your Personal Information.  If you are a user younger than 13, Music Choice does not sell your Personal Information; accordingly, you or your parent/guardian cannot change your settings from “Don’t Sell My Personal Information”.

You may also separately opt-out of receiving marketing or promotional messages from Music Choice.  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.

In addition to the global Opt-Out referenced above, you may also opt-out individually with regard to provision of certain Personal Information to certain of our Service Providers and our third party advertising platform (Freewheel) 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 Products 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.

 

Mixpanel.  Music Choice Products 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 Products 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. 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 Products 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.

 

F.     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.

 

G.     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 Products 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.

 

H.     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 Products 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 Products.  We may post a notice on our Products 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.

 

I.     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 Products 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 PRODUCTS AND OTHER PUBLIC POSTING AREAS.

 

J.     Third Party Web Products
This statement applies solely to information collected on the Products.  The Products may contain links to other web Products. 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 Products. We are not responsible for the privacy practices of the content of these other web Products. The linked web Products have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully.

 

K.     How We Respond To Do Not Track Signals
Please note that our Products 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.

 

L.    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:

  1. Right to Know About Personal Information Collected, Disclosed, or Sold. You have the right to request that Music Choice disclose to you what personal information about you it collects, uses, discloses and sells (“Right to Know”).

Right to Know Request.  If you wish to make a Right to Know request of Music Choice regarding your personal information, you may either submit such request online at the Music Choice website (https://musicchoice.com/privacyrequest) or call Music Choice toll-free at 1-888-984-2422.  In order to verify your identity when responding to a Right to Know Request, Music Choice will request and use your first and last name, state of residence, and email address in an effort to identify you within our systems.

  1. Right to Request Deletion of Personal Information. You have the right to request the deletion of your personal information collected by Music Choice (the “Right to Delete”).

Right to Delete Request. 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 (https://musicchoice.com/privacyrequest) or call Music Choice toll-free at 1-888-984-2422.  In order to verify your identity when responding to a Right to Delete Request, Music Choice will request and use your first and last name, state of residence, and email address in an effort to identify you within our systems.

  1. Right to Opt-Out of the Sale of Personal Information. You have the right to opt-out of the sale of your personal information by Music Choice. Music Choice sells certain personal information. Please see Section E. above for Opt-Out information or click here: https://musicchoice.com/legal/do-not-sell-my-personal-information/.
  2. Right to Non-discrimination for the Exercise of a Consumer’s Privacy Rights. You have the right not to receive discriminatory treatment by Music Choice for the exercise of the privacy rights conferred by the CCPA.
  1. Requests from Authorized Agents. An authorized agent can make a request under the CCPA on a consumer’s behalf by sending an email to [email protected] indicating that you are an authorized agent and wish to make such a request. Please reference “Policy/CA Authorized Agent” in the Subject line of your email; Music Choice will respond within a reasonable time with further instructions regarding necessary documentation of the agent’s authorization.

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.

 


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 Products.  As referenced on the first page of this Privacy Policy, you should also read the Music Choice Terms of Use at https://musicchoice.com/legal/terms-of-use/ 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”).

 

N.     QUESTIONS? CONTACT FOR INFORMATION:California consumers:  If you are a California resident, for inquiries regarding this Privacy Policy or how we or our Service Providers collect, use, disclose, sell or otherwise process your information as a California consumer, please send an e-mail to [email protected].

Non-California consumers:  If you are a resident of any state other than California, for inquiries regarding this Privacy Policy or how we or our Service Providers collect, use, disclose, sell or otherwise process your information as a consumer, please send an e-mail to [email protected].

Effective Date: October 26, 2020

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