• The kinds of Personal Information we collect from users of the Site and how that information is collected;
• How we use your Personal Information;
• The circumstances under which we disclose Personal Information to third parties;
• How you can access, update or delete any Personal Information collected about you by us; and
• The mechanisms we have implemented to protect your Personal Information.
We are committed to protecting our users’ privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
GENERAL PRIVACY INFORMATION
Collection and Use of Personal Information: When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information to any of the MTVN family of companies. For example, if you order any of our various merchandise or goods (“Products”), in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number, and information about your computer’s internet address and web site which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is classified as Sensitive Personal Information and is collected via a secure transmission.
We collect Personal Information about you when you visit the Site and input information, whether you are registering to use the Site, enrolling or signing up for features and functions, participating in promotions, ordering or purchasing Products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.
It is your responsibility to give us current, complete, truthful, and accurate information and to keep the Personal Information that you provide us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.
You are solely responsible for maintaining the strict confidentiality of your user name and password and for any changes, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken, or used by another party. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features of functions of the Site.
a. Collection of Personal Information During Registration. To register as member of NWMOTIV.COM, you are required to select a user name and password, plus email address, gender, date of birth and zip code. Additional Personal Information requested during the registration process (but not required) may include, but is not limited to, first and last name, cable/satellite provider, ethnic information, and annual income. We will allow you to change your password, as well as any Personal Information or Sensitive Personal Information you have given us in order to keep this information current. Among other things, this information helps us securely identify you as a registered or permitted user of those features and functions. Certain Personal Information, such as your user name and date of birth, cannot be changed.
b. Collection of Personal Information During Registration or In Connection with Certain Features and Functions. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to use the features and functions of the Site, including chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages.
1. The “Submit a Joke” feature on this Site does not require you to be a registered member. You may share a joke with us by submitting your name, and email address.
2. If you wish to participate in the chat features offered on this Site, you will be asked to create a nickname or pseudonym and password to be used when logging into the chat room as well as for your first and last name, e-mail address, gender, certification of age 18+, and zip code. Providing your real name is required and omitting this information in the registration form will not allow you to access the chat features. Your real name will not be disclosed to third parties, except for the circumstances detailed below in section (d). If you choose to post your real name, you acknowledge, understand and agree that we assume no responsibility for the collection, use or misuse of your name which would be publicly accessible information to other visitors to the NWMOTIV.COM Site.
3. The NWMOTIV.COM Site maintains public message boards. Posting to these message boards requires you to register and provide your first and last name, e-mail address, gender, certification of age 18+, and zip code. Providing your real name is required and omitting this information in the registration form will not allow you to access the message board features. Your real name will not be disclosed to third parties, except for the circumstances detailed in the “Disclosure to Third Parties” section below.
4. When posting to these message boards, we encourage you to do so under a nickname or pseudonym. If you choose to post your real name, you acknowledge, understand and agree that we assume no responsibility for the collection, use or misuse of your name which would be publicly accessible information to other visitors to the NWMOTIV.COM Site.
5. The NWMOTIV.COM Site has a newsletter distributed via e-mail. If you choose to subscribe to this feature, you must provide a valid e-mail address. Your e-mail address will be used for the distribution of the newsletter and any promotions or marketing that we feel may be of interest to you and will not be divulged to any third party, with the exceptions as detailed below. To unsubscribe from our newsletter, please review our help section on newsletters.
6. Occasionally, we will request you to fill out a user survey. Such surveys are voluntary, but we hope that you will participate. User participation in surveys allows us to better understand the demographics and interests of our users. Your responses in combination with the responses of our other users help us to improve the NWMOTIV.COM Site and attract the valued sponsors and advertisers that help us bring you the features and activities you enjoy. If and when we choose to share user information collected from surveys, we will do so only in aggregate form such that a third party will not be able to identify any individual user.
7. The Site has a newsletter distributed via e-mail. If you choose to subscribe to this feature, you must provide a valid e-mail address. Your e-mail address will be used for the distribution of the newsletter and any promotions or marketing that we feel may be of interest to you and will not be divulged to any third party, with the exceptions as detailed below in the Section titled “Disclosure to Third Parties.” To unsubscribe from our newsletter(s), please review our help section on newsletters.
8. The Site collects the following Personal Information from interested persons that wish to submit questions to air on the “Too Late with Adam Carolla” late-night television show: first/last name, date of birth, telephone number, city, state, and an email address. Users are also asked to select a “Topic” and submit their question or comment. The producers of the program will contact a person whose question is under consideration for airing on the television show by telephone to verify the identity of the person submitting the question and get background information. Only persons who are 18 years of age or older are eligible to participate on the cable television show and any person that we or a producer believes is underage will be terminated from any participation in this feature.
• Keeping count of your return visits to the Site or our Advertisers’ or partners’ sites;
• Accumulating and reporting aggregate, statistical information in connection with the Site;
• Determining which features users like best; and
• Saving your user name, your password or other information so you don’t have to re- enter it each time you visit the Site.
Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information. You can choose to have your computer warn you each time a cookie or image tag is being sent, or you can choose to turn off all such devices. This is done through your browser. If you turn cookies off, you may not have access to many features at the Site that make your Internet experience more efficient and enjoyable – like the features mentioned above – and some of our other services will not function properly.
Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to Advertisers, we ask for your consent (“Opt in”) to do so, in which case their use of your information is subject to the Advertisers’ own privacy policies.
We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining services on the Site. These third parties are called operational service providers, the specialists that provide internal support to operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores (such as MTVN Direct Inc.). We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with this Site or the NWMOTIV.COM. Additionally, such providers are not to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.
We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties only in the following limited circumstances:
• When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
• If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
• In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our Parent Companies. Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.
Review, Update or Delete Your Personal Information: Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by this Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age cannot be deleted, but may be modified with sufficient verification of the correct information. Deletion of certain Personal Information, such as e-mail addresses, may result in suspension of your account. To remove your name from the NWMOTIV.COM database entirely including, but not limited to, registration for NWMOTIV.COM: Go to your member profile and simply click on link that says, “Delete My Account” listed under “Change Preferences” in the left hand navigation. and confirm. You have the opportunity to opt-out of receiving commercial communications from us or terminating your registration at any time. To change or modify any Personal Information you have provided to us please do so through the member profile. To no longer receive newsletters from us, please review how to opt-out in our help section on newsletters. If you wish to review Personal Information collected for contests and sweepstakes and you are not a member, you will need to contact the Site’s Privacy Administrator via email with a request at privacy@NWMOTIV.COM and be prepared to provide verification of your identity. Personal Information collected for a contest or sweepstakes entry is subject to corporate and regulatory recordkeeping requirements and will not be deleted upon a user’s request unless the entrant is a child under the age of 18 years old.
We reserve the right to deny access of a user account or Site features or activities to any user if we believe there is a question about the identity of the person trying to access the account. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.