This is the privacy policy (“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 through your interaction with the Sites, how we may use, share and disclose such information to third parties, and how you can review and correct information that you provide. 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 are a registered user of the Music Choice services. When using the Sites 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 apply.

Your use of the Sites is also expressly subject to Music Choice’s Terms of Use. This means that by using any of the Music Choice websites and/or mobile or television applications, 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, 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

When you use our Sites, we collect various types of information, including your Personal Information. The types of Personal Information we collect from you depends on the features, services and Sites you use. “Personal Information” includes information we may collect that allows others to identify or contact you, such as your first and last name, home address, e-mail address, telephone number, cable TV or other content provider, device identification number, billing information, instant messenger or social media nickname, blog or other personal website URL. Here are some examples of manners in which we may collect your Personal Information on the Sites:

• Account Information. If you elect to become a registered user of the Sites, we may collect your first and last name, your e-mail address, a password, your state or province/territory of residence, your zip code or postal code through your cable TV or other content provider. We may also collect your date of birth, your gender, phone number and/or photograph (if provided).
• Other Registration or Contact Information. We may collect your first and last name, date of birth, mobile phone number and e-mail address under several circumstances. 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; or (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. We may retain your contact information, communications and other information and content you submit to us for our internal purposes and to help us serve you better.
• Payment and Financial Information. We may collect your first and last name, your address, and your credit card and billing information if you make a purchase of a product or service from Music Choice.
• Demographic Information. We may collect your demographic information such as your gender, age, zip code or postal code and interests, which you voluntarily provide to us on the Sites or which may be automatically collected as described within this Privacy Policy. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Sites meets your needs. Some of this information may be aggregated, in which case it is not considered Personal Information.
• Location Information. We may also collect your location if you choose to allow us to track your location through our Sites or Services or if your device indicates a certain geographic location. This information may help us provide recommendations based on your location, serve you with advertisements or direct you to a product or service that we believe may be of interest to you and that is marketed to people near your location.
• Social Media. We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins and applications, including Facebook, Twitter and YouTube. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on the Website and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.

The above list provides an example of the Personal Information that may be collected on the Sites. While you’re under no obligation to provide the information requested, if you decline to do so, Music Choice may be unable to provide you with certain services.

1. Active Collection

We collect and store the Personal Information that you have provided to us. For instance, if you sign up for a membership or contact us with a question, we may store your communications, including any Personal Information you include in them, so we can effectively respond to you. If you do not want us to collect your personal information, please do not provide it to us.

2. Passive Collection

We may also collect information passively while you are visiting or interacting with the Sites. We call this “passive” collection because you may not know that this information is being collected. Here are some examples of the information that is collected via the Sites and a description of how this information is used:

• Device Information. We may collect an identification number unique to your device when you interact with the Sites using a mobile device or a set-top digital box. This could include features you use, the web pages and channels you visit, and the search terms you enter. This could also include data about your device and the network you use to connect to our services, including IP address, device identifiers, and data about the performance of the services you use on the Sites and any problems you experience with them. You understand and agree that you will be charged standard data rates by your wireless carrier for all interactions with the Sites using a mobile device. We use this information to help us understand the activity on our Sites, to monitor and improve our Sites, and to provide you with personalized services.
• Cookies. 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 Demographic Information (defined above) 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.
• 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. To learn more about the information that Freewheel software may collect and your choices with regard to it, including opt-out procedures, 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.
• Internet Protocol (IP) address. Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Sites to the interests of our users and to measure traffic within our Sites.
• 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.

The above list provides examples of the information that is collected via the Sites. We may collect the above information from all visitors to, and users of, our Sites. If you do not want Music Choice to have access to this information, please do not visit or use our Sites.

1. Personal Information

We use your personal information that is collected on the Sites primarily for the following purposes:

• To deliver services, such as music requests, programs, information, newsletters or software you request or purchase;
• To contact you regarding the administration of your account or any features or functions you have registered to use;
• To complete a transaction or service requested by you;
• To verify your e-mail address, mobile phone number, or device;
• To connect your account to external, third party applications, with your consent such as, but without limitation, Facebook or Twitter;
• To identify you when you post comments or other information to the Sites;
• To enable you to participate in various interactive features or functions at your request;
• To fulfill the terms of a promotion;
• To answer your questions or other requests;
• To send you marketing or promotional messages or otherwise alert you to any special offers or events via email or text message. You can opt-out of receiving promotional messages from us by following the opt-out instructions provided in your message. For more information please see the “Opt-Out” section below;
• To contact you regarding your use of the Sites or Music Choice services;
• To tailor your experience on the Sites and/or otherwise customizing what you see on the Sites or the Music Choice services;
• To save your user ID or other personal information so that you don’t need to re-enter it every time you visit the Sites;
• To 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; and
• For any other purpose disclosed at the time you provide your personal information.

Music Choice and its authorized affiliates may also use usage data and other information we collect to (i) create marketing analyses and reports showing how Music Choice users, as collective groups, interact with our services, (ii) develop reports that help us and other strategic third parties determine what interests Music Choice users, as a group, or (iii) generally improve our product and service offerings. Such reports will not contain any Personal Information about you.

1. Personal Information

We may share or disclose your Personal Information in the following instances:

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 policy@musicchoice.com. 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

4. Revocation of Parental Consent.

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 collected from their children in connection with that child’s account or profile: Send an email to us at policy@musicchoice.com. 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: kreabuck@musicchoice.com

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.

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.

In addition to the specific opt-out procedures for Music Choice Sites’ use of Google Analytics, Nielsen, Mixpanel, Freewheel and Branch measurement software set forth in paragraph A.2. above, you may opt-out of receiving marketing or promotional messages from Music Choice or strategic third parties at any time. For e-mails, you can opt-out by going to the unsubscribe link provided at the bottom of any e-mail you receive from Music Choice and opting out of receiving information from Music Choice. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. For text messages, you can text STOP in response to any text message you receive from Music Choice. You may receive a confirmatory text message in response to your “STOP” message and you hereby consent to receipt of such confirmation.

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.

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.

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.

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.

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.

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.

We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Sites and other websites (including social media sites such as Facebook and Twitter) for the purposes of measuring the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our Sites. Please be advised that such advertising companies may gather information about your visit to the Sites or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

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/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”).

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding Music Choice’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at:

For inquiries regarding this Privacy Policy or how we or our service providers collect, use, disclose or otherwise process your information, please send an e-mail to policy@musicchoice.com.

Effective Date: July 22, 2013
Last Updated: October 1, 2019