RED Viacom

This is the privacy policy (“Privacy Policy”) for www.mtvndigital.com ("Site," "we," "us," or "our"), an Internet website that provides information on digital advertising offerings and services made available by MTV Networks ("MTVN"), a division of Viacom International Inc. (together with MTVN, the "Parent Companies") for MTVN’s digital platforms.

This Privacy Policy is intended to explain our privacy practices and covers the following areas:

1. 1. When This Privacy Policy Applies.
2. 2. U.S. Governing Law.
3. 3. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
4. 4. Opting-out of Certain Uses of your Personal Information and Other Information.
5. 5. [Intentionally Left Blank]
6. 6. Sharing and Disclosure of Personal Information and Other Information.
7. 7. Reviewing, Updating or Deleting Certain Information.
8. 8. Protection of Information.
9. 9. Your California Privacy Rights.
10. 10. Changes to this Privacy Policy and Notice.
11. 11. Miscellaneous.

1. 1. When This Privacy Policy Applies.

   This Privacy Policy applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) and whether you are accessing the Site as a registered user (if offered by the Site) or other user of the Site. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Site and does not cover any such information collected in any other manner or by any other website offered by the Parent Companies and/or any subsidiaries and affiliates of the Parent Companies (collectively, “Affiliates”) or collected by any other company, unless specifically stated. We may from time to time, combine Information (as that term is defined below) with other information we collect from other sources, such as information received from our Parent Companies, Affiliates or marketing companies and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.

   This Privacy Policy will remain in full force and effect, even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in the Site or any features, activities or services offered through the Site.

2. 2. U.S. Governing Law.

   The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By participating in our Site activities, you certify that you meet the age and other eligibility requirements for this Site as set forth in our Terms of Use Agreement. If you are do not meet the age and other eligibility requirements, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy.

   If you are located in the European Union or elsewhere outside of the U.S., you do so at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Site will be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law. By using this Site, participating in any Site activities and/or providing us with your Personal Information and Other Information, you (i) consent to the transfer and/or processing of any Information to and in the U.S., (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that we will collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

3. 3. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).

   When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the “Information”).

1. a. Information We Collect that You Provide Us.

1. i. In Connection with Certain Features and Functions. We may provide you with access to certain features or functions that we may offer on the Site, such as being contacted for further information on our advertising offerings. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to allow you to use such features and functions. For example, to sign up to be contacted, you may be required to provide your phone number, email address or other Information.

1. b. Information Collected Through Use of Cookies and Other Tracking Technologies.

   "Cookies" (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. “Web beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. The Site and/or third parties may use “cookies”, “web beacons” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web.

   We use Tracking Technologies to help tailor our content, allow users to move between associated sites without logging into each site, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on this Site (for example, to recognize you by name when you return to the Site), save your password in password-protected areas, save your online game or video player settings, enable you to use shopping carts on the Site, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Site and for other purposes described in the "Use of Information", "Other Information Collected by Us" section below. These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site, such as your visits to the Site’s webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site (“Identifier”). Your Identifier is automatically assigned to the Device you use to access the Site. Your Personal Information is not collected as part of this process.

   By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site through these Tracking Technologies.

   This Site may additionally use a variety of traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Analytics Service Providers”) to, for example, measure and analyze traffic on the Site (“Targeting Services”). Targeting Services enable us to, among other things, help deliver content to you for products and services that you might be interested in and to conduct research regarding the usefulness of certain content to you.

   Although these Third Party Analytics Service Providers do not have access to Tracking Technologies set by the Site, the Third Party Analytics Service Providersmay themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to Other Information about you.

1. c. Use of Information.

   As set forth in this Privacy Policy, we may share Information with our Parent Companies and Affiliates.

1. i. Personal Information. We, and/or our Parent Companies and Affiliates, use the Personal Information we collect from you in a variety of ways, including:
• Sending marketing and promotional e-mails (for example, we may send you an email about a new ad product we are offering);
• Processing your registration with the Site or your sign up for certain features or functions of the Site, such as verifying that your e-mail address is active and valid;
• Contacting you regarding the administration of any services, features or functions you have enrolled in or registered to use, or any other transactions you have undertaken with the Site;
• Allowing you to participate in the public areas and/or other features of the Site;
• Responding to your questions or other requests;
• Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies;
• Improving the Site or our services and for internal business purposes;
• Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
• Otherwise to maintain and administer the Site and
• For other purposes disclosed at the time you provide the Personal Information.
1. ii. Other Information Collected by Us. We, and/or our Parent Companies and Affiliates, use the Other Information we collect from you in a variety of ways, including:
• Keeping count of your return visits to the Site or our Parent Companies’, Affiliates’ or partners' sites;
• Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
• Determining which features, webpages, products and services users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display information;
• Preparing statistics reports;
• Allowing you to participate in the public areas and/or other features of the Site;
• Improving the Site or our services and for internal business purposes;
• Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
• Saving certain Other Information for use on your return visits to the Site;
• Otherwise to maintain and administer the Site
• For the uses described for “Personal Information” above and
• For other purposes disclosed at the time you provide the Other Information.
1. iii. Other Information Collected by Third Party Analytics Service Providers.

   The use of Tracking Technologies by Third Party Analytics Service Providers is within their control and not ours. Even if we have a relationship with the Third Party Advertising Service Provider, we do not control their websites or their policies and practices regarding your Information and you should be aware that different rules might apply to the collection, use or disclosure of your Information by third parties you encounter on the Internet. This Privacy Policy does not cover any use of Information that a Third Party Analytics Service Provider may directly collect from you. Use of Third Party Analytics Service Providers’ Tracking Technologies is governed by the Third Party Analytics Service Providers’ own specific privacy policies and not this Privacy Policy. However, please see “Opting-Out of Certain Uses of Your Personal Information and Other Information” Section for more information on how to opt-out of the collection and/or use of Information collected by certain Third Party Analytics Service Providers.

1. 4. Opting-Out of Certain Uses of Your Personal Information and Other Information.
1. a. Opting-Out of Certain Uses of Personal Information.
1. i. In Connection with Marketing and Promotional Email and Offers.

   You may "opt-out" of receiving marketing and promotional e-mails from us at any time by using the opt-out mechanism that is contained in each such email.

1. ii. Certain Continuing Rights Regardless of Opt-Outs.

   However, even if you exercise your opt-out rights above, we, or our Parent Companies or Affiliates, may continue to contact you for the other purposes described in the “Use of Information” Section above, such as for maintenance and administrative purposes.

1. b. Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.
1. i. Tracking Technologies Set By Third Party Analytics Service Providers.

   With respect to the Tracking Technologies set by Third Party Analytics Service Providers, you have a number of options:

   • To opt-out of most Tracking Technologies (other than Flash cookies) set by certain Third Party Analytics Service Providers used by the Site, please visit http://www.networkadvertising.org/managing/opt_out.asp for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies. See below for more information on removing Flash cookies.
   • You can choose to delete most Tracking Technologies (other than Flash cookies) through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
   • You can choose to reject, disable or turn most Tracking Technologies off (other than Flash cookies). Additional information on rejecting, disabling or turning most Tracking Technologies off may be available through your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)

   Opting-out of, deleting, rejecting, disabling or turning off Third Party Analytics Service Providers’ Tracking Technologies does not mean that you will no longer receive online ads. Opting-out of, deleting, rejecting, disabling or turning off Third Party Analytics Service Providers’ Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on this Site.

1. ii. Tracking Technologies Set By the Site.

   With respect to the Tracking Technologies set by the Site, you have a number of options:

   • You can choose to delete most Tracking Technologies (other than Flash cookies) through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
   • You can choose to disable or turn most Tracking Technologies off (other than Flash cookies). Additional information on disabling or turning most Tracking Technologies off may be available through your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
   • You can choose to have the Device you use to access the Site warn you each time a cookie or most other Tracking Technologies is being sent (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.

   Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete, reject, disable or turn off Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.

1. iii. Flash Cookies.

   Please note that deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Analytics Service Providers and set by this Site through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html or http://epic.org/privacy/cookies/flash.html.

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2. 6. Sharing and Disclosure of Personal Information and Other Information.
1. a. Sharing and Disclosure of Personal Information.

   Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as described in this Privacy Policy.

1. i. Disclosure to Parent Companies and Affiliates.

   We may disclose Personal Information to Parent Companies and Affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described in the “Opting-Out of Certain Uses of Personal Information” Section above.

1. ii. Disclosure to Operational Service Providers.

   We also have the right to disclose your Personal Information and Other Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We will refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.

1. iii. Disclosure to Certain Other Third Parties.

   In addition to the above, we will make your Personal Information and Other Information available to certain third parties 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) or if requested by a governmental agency or other authority as part of an investigation;
   • If we believe your actions violate any law, rule, regulation and/or the Terms of Use Agreement, including, without limitation, this Privacy Policy, Rules or Additional Terms;
   • In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate);
   • If you opt-in or otherwise agree to have your Personal Information shared with or otherwise disclosed to a third party for marketing purposes, in which case the third party’s use of your Information is subject to the third party’s own privacy policy;
   • 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 or the rights, property or safety of the Site, the Parent Companies, the Affiliates, or any of its or their operational service providers, licensors, suppliers, customers, users, or any other party; to limit our legal liability; to defend our interests; to enforce this Privacy Policy or the Terms of Use Agreement and/or to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities and/or
   • In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or our Parent Companies or Affiliates.
1. b. Sharing and Disclosure of Other Information.

   We may share or otherwise disclose Other Information with third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.

1. 7. Reviewing, Updating or Deleting Certain Information.

   Generally, you may review, update or delete certain Personal Information collected by the Site by emailing us at privacy-admin@mtvndigital.com. However, Personal Information that is necessary to check eligibility cannot be deleted, but may be modified with sufficient verification of the correct information.

   If the burden or expense of providing access to your 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 contact information for further inquiries.

2. 8. Protection of Information.

   While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, 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 similar standards of security and confidentiality.

   Phishing. Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at privacy-admin@mtvndigital.com, and then immediately delete the fraudulent email from your computer.

3. 9. Your California Privacy Rights.

   If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in for use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.

   If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to the Privacy Administrator at privacy-admin@mtvndigital.com, or by postal mail to mtvndigital.com, MTVN Digital Ad Sales Marketing, 1515 Broadway, 48th Floor, New York, New York 10036, Attn: Your California Privacy Rights, Privacy Administrator (c/o Shannon Martin).

   All requests must be labeled "Your California Privacy Rights" on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

4. 10. Changes to this Privacy Policy and Notice.

   We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on the Site’s homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates.

5. 11. Miscellaneous.
   1. a. Accuracy and Confidentiality.

      It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information 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 Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

   2. b. Questions.

      If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, you may contact us directly by sending an email to privacy-admin@mtvndigital.com or please contact our Privacy Administrator at mtvndigital.com, MTVN Digital Ad Sales Marketing, 1515 Broadway, 48th Floor, New York, New York 10036, Attn: Privacy Administrator (c/o Shannon Martin).

   3. c. Sole Statement:

      This document is the sole statement of the Site’s Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, but not limited to, machine-generated, is valid.

   4. d. Other:

      Please review our Terms of Use Agreement which governs your use of the Site. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement.

This Privacy Policy was last modified on the date indicated above and is effective immediately. Copyright © 2010 MTV Networks, a division of Viacom International Inc. - All Rights Reserved.