Last Updated: January 18, 2008
This is the official privacy policy (“Privacy
Policy”) for DowneLink.com ("Site," "we,"
"us," or "our"), an Internet website
offered in cooperation with the Logo television
channel or programming service (“Logo Channel”).
The
Logo Channel and the Site (together, “Logo”)
are provided by MTV Networks ("MTVN"), a division of Viacom
International Inc. (collectively, the “Parent Companies”). This Privacy Policy governs
only the personally identifiable information ("Personal Information")
collected by the Site and does not cover any such information collected in any other
manner or for any other purpose, or for or by any other MTVN programming channel, MTVN’s
“Jobhunt” website, the Parent Companies and any subsidiaries
and affiliates of
Logo
and the Parent Companies (collectively, “Affiliates”), or any other company, unless
specifically stated.
Overview: This
Privacy Policy is intended to explain our privacy practices and inform you as to:
· 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.
This Site is offered
and made available only to users 18 years of age or older who reside in the
United
States of America
, its territories and possessions (“U.S.”). If you are not yet 18 years old, or do not reside
in the U.S., please discontinue using the Site immediately, or if, for any reason,
you do not agree with this Privacy Policy,
please do not participate in the features, activities and services that require
you to provide your Personal Information.
This Privacy Policy is a part of the terms and conditions which are set forth in
our
Terms of Use Agreement.
Any terms that are not defined in this Privacy Policy shall have
the meaning given in the
Terms of Use Agreement.
Both the Privacy Policy and
Terms of Use Agreement
are legally binding on all users.
We reserve the right to revise this Privacy Policy at
any time by updating this posting without advance notice to you.
Such revisions shall be effective to you immediately upon posting.
Notice of material changes to either document 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.
We are committed to protecting 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 Personal 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.
YOUR
CALIFORNIA
PRIVACY RIGHTS
If you are a resident of the State of
California
, under the California Civil Code, you have the right to request from companies
conducting business in
California
a list of all third parties to which the company has disclosed Personal Information
during the preceding year for direct marketing purposes. Alternatively, the law
provides that if a company has a Privacy Policy that gives either an opt-out (which
we may sometimes refer to as “unsubscribe”) or opt-in choice for use of your
Personal Information by third parties (such as advertisers or affiliated companies)
for marketing purposes, the company may instead provide you with information on
how to exercise your disclosure choice options.
Logo qualifies for the alternative option;
it has a comprehensive Privacy Policy and provides you with details on how you may
either opt-out or opt-in to the use of your Personal Information by third parties
for direct marketing purposes. Therefore, 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 request information about how to exercise your third party disclosure
choices you must send a request to the following address with a preference on how
our response to your request should be sent (email or postal mail). Send an email
to the Privacy Administrator at
privacy-admin@downelink.com , or you may contact us via regular mail
at:
LOGO
1633 Broadway
Room 5-205
New York
,
NY
10019
Attn: Your
California
Privacy Rights
c/o Privacy Administrator
All requests sent via regular mail
must be labeled "Your
California
Privacy Rights" on the envelope or post card and clearly stated on the actual
request. For all requests, please include
your name, street address, city, state, and zip code (your street address is optional
if you wish to receive a response to your request via email. Please include your
zip code for our own recordkeeping).
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.
To all other users of this Site, if you have other questions
about this Privacy Policy, please contact our Privacy Administrator at
privacy-admin@downelink.com or:
LOGO
1633 Broadway
Room 5-205
New York, NY 10019
c/o Privacy Administrator
GENERAL PRIVACY INFORMATION
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 your participation in our Site activities, you certify that you are
at least 18 years of age and a resident of the
U.S.
If you are located in the European Union
or elsewhere outside of the U.S. and you participate in activities on this Site
contrary to our policy that only U.S. residents are eligible for certain activities,
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 you provide to us or we obtain
as a result of your use of this Site will be 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, you consent
to this transfer and processing of Personal Information to and in the U.S., and
in other countries that may not have an equivalent level of protection or a level
of data protection considered adequate in the European Union or European Economic
Area. 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.
All users of the Site are required to provide true, current, complete and accurate
Personal Information when prompted and we will reject and delete any entry that
we believe in good faith to be false, fraudulent, or inconsistent with this Privacy
Policy.
Your continued use of the Site indicates your acceptance of this Privacy Policy
and of the collection, use, disclosure, management and storage of your Personal
Information as described below. We may from
time to time, transfer or merge any Personal Information collected off-line to our
online databases or store off-line information in an electronic format.
We may also combine Personal Information we collect online with information
available from other sources, including information received from our Affiliates,
marketing companies, or Advertisers (as defined in the
Terms of Use Agreement).
This Privacy Policy covers all such Personal Information and will remain
in full force and effect as long as you are a user of the Site, even if your use
of or participation in any particular service, feature, function or promotional
activity terminates, expires, ceases, is suspended or deactivated for any reason.
1. 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, gender, ethnicity
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 user of the Site or you have provided this type of information
to any of the MTVN family of companies. For
example, to the extent we offer such services, if you order any of our various Products
(as defined in the
Terms of Use Agreement), 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 website
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 any services, features
or functions of the Site, participating in Promotions (as defined in the
Terms of Use Agreement), 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 and personal
characteristics.
a. Collection of
Personal Information During Registration.
To the extent we offer user registration on the Site, to register as a member of
the Site, you are required to select a user name and password (together, your “User
ID”), and may be required to also provide other Personal Information, such
as your email address, first and last name, gender, date of birth, country and zip
code.
Additional Personal
Information may be requested during the registration process (but not required),
such as cable/satellite provider, ethnic information, and annual income.
We will allow you
to change the password portion of your User ID, as well as certain other Personal
Information or Sensitive Personal Information you have given us in order to keep
your information current, but once you select
a user name you will not be able to change that user name provided to us during
registration and which is associated with your User ID. Among other things, these kinds of information help us securely
identify you as a registered or permitted user of the Site and our features and
functions. You will not be able to change your date of birth without sufficient
verification.
All member benefits are free.
As a registered user of the Site, from time to time, we may also
provide you with certain options to subscribe to a selection of free email newsletters
and other periodic information. You may select such options by opting-in at the
time of registration or by responding to an offer or invitation at a later date.
You will also have the right to opt-out (unsubscribe) or change your preferences
at any time by logging in with your User ID and changing the settings in your account.
You may also opt-out to particular email communications by responding to that email
and using the “unsubscribe” or opt-out procedure included in that communication.
If you are a registered user, you acknowledge,
understand and hereby agree that you are giving us your consent to track your activities
and your use of the Site in connection with your registration. You also agree to
this Privacy Policy and the
Terms of Use Agreement.
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
personalize and allow you to use the features and functions that we may offer on
the Site, such as chat rooms, message boards, electronic mail services, messaging
services, auctions, shopping, registration and member profile pages.
c .
Collection of Personal
Information in Connection with Promotions such as Contests and Sweepstakes. To the extent we offer user registration on the Site, registration
as a member of the Site
is not always required to enter Promotions such as contests and sweepstakes.
There may be a
separate registration process which will require the submission of all or some
of the following: your first and last name, street address, city, state and zip
code, email address, telephone number and date of birth. Additional Personal Information
may be requested depending on the specific Promotion, but submission of such information
may be optional. The Promotion’s entry page and/or Rules will provide the specific
requirements. You may also have the opportunity to opt-in to special Promotions
or offers from our Advertisers in connection with many of these types of Promotions.
d. Use of Personal Information in
Connection with Personalized
Advertising. We use characteristics
about you such as age, gender and/or ethnicity for personalizing the online advertising
from third parties that you see when you visit the Site.
This information may be used to send you personalized advertising in combination
with non-Personal Information such as your website viewing, usage and purchasing
history, which is not part of your user profile.
(For more information, please see “Cookies and Other Technology”
section.) You submit this Personal Information
at the time of your registration; it is part of your online profile and associated
with your User ID. We use third party ad
servers to deliver personalized advertising to you. However, neither these ad servers
nor their advertisers will have access to your individual online profile or your
age, gender and ethnicity information. These
third parties only deliver designated advertising to a targeted group of users which
have been identified by the Site based on certain characteristics and the Site instructs
the third parties to serve the ads but the identity or characteristics of an individual
user is unknown to the third parties. Age, gender and/or ethnicity is only disclosed
to third parties in the aggregate and cannot be used to identify an individual user. By registering for the Site, you have affirmatively
consented to the use of such information for personalized advertising. In order
to withdraw your consent to use such information for personalized advertising, you
shall need to deactivate your
account on the Site by following the procedures set forth in Section 13 of
the “Terms of Use Agreement“
labeled “Deactivation/Termination of Your Registration or Use”.
e. Use of Personal
Information in Connection with
Marketing and Offers; Opt-out Procedures.
We, or our Affiliates, may contact the Site’s registered users or other users that
have registered for or participated in various Site events, Promotions, or transactions,
or we may send offers for the purchase of goods and/or services that may be of interest
to users.
You may "opt out" of receiving marketing
and promotional e-mails or text messages from us at any time
by going to
the Site’s home page, clicking
the "Your Account" link, to (1) un-register your account, or (2) change
or edit your preferences.
You may also use the opt-out mechanism that
is contained in an email or text message.
However,
we, or our Affiliates,
may continue to contact you via email for administrative or informational purposes,
including follow-up messages regarding the administration of your account, any services,
features or functions you have enrolled in or registered to use, any Promotions
you have participated in or have entered, goods and/or services or Products you
have ordered, or other transactions you have undertaken with the Site.
In the event that we, or our Affiliates, unknowingly send an email
or text message to a minor (a person under the age of 18, or the age of majority
in your state) who has registered with the Site in violation of the Site’s
Terms of Use Agreement , the minor or the
minor’s parent or legal guardian always have the right to unsubscribe (opt-out)
from receiving future emails or text messages via the unsubscribe mechanism contained
in the email or message, or to request termination of the minor’s registration and
status as a registered user with the Site. Please see the
“Review, Update,
or Delete Your Personal Information” Section below for details.
f. Sharing of Aggregate
Information with Third Parties.
Some of the aggregate user data we collect may be shared with Advertisers,
our Affiliates, and other business partners of
the Site (such as third party ad servers), its Parent Companies, and/or its Affiliates, but we do not give any Personal Information to them as part
of the relationship except as described in this Privacy Policy.
Use of their tracking technology is subject to their own privacy policies.
g.
Use of Communities.
If you use any of the Communities features and functions made available on or through
the Site, please remember that any information disclosed in these venues is automatically
made public. You should exercise caution when disclosing any Personal Information
in the Communities, as you do not know who will access and use your Personal Information
or for what purposes.
Logo
is in no way responsible for the accuracy, use, or misuse of any information, including
Personal Information, that you disclose or receive through these venues and you
should assume that any disclosure you do make in these venues will be available
publicly, even without your knowledge or authorization.
2.
Wireless Marketing Services and Promotional Opportunities:
Logo may provide users and viewers with the opportunity
to register for special Promotions, services, news, programming and information
delivered via text messaging and other wireless devices such as mobile phones and,
in the event we do so, users are required to provide their consent to receive such
information from
Logo, either by registering on the Site or via
their wireless device. Such services and promotional opportunities are provided
by Affiliates for
Logo. The Personal Information
requested as part of the online registration process may include a user’s telephone
number or a wireless email address, but only if specifically requested, and the
carrier’s name. Optional information may be requested for specific Promotions, such
as a user’s preferences regarding goods or services, choices of music or artists,
or other similar survey information. Depending on the Promotion, we may also collect
an Internet email address or other information and, depending on the information
collected, the user may also be required to confirm his or her agreement to this
Privacy Policy and the
Terms of Use Agreement.
We caution that most wireless transmissions are not secured and
there is a greater risk of an unknown third party’s interception of messages or
a user’s Personal Information when using a wireless communications device.
Users that register for
Logo’s
wireless marketing services acknowledge, understand and agree that they will
be charged by the user’s wireless carrier for all messages sent to the user
from
Logo. Standard messaging rates will apply, unless
noted otherwise. Under no circumstances will
the Site, Logo, its Parent Companies, or Affiliates be responsible for any wireless
email or text messaging charges incurred by a user or by a person that has access
to a user’s wireless device, telephone number, or email address.
a. Registration.
To the extent we
provide wireless marketing services, there are two registration methods provided
for Logo’s wireless marketing services. Standard rate Promotions will be subject
to either the “single opt-in” or the “double-opt-in” (Site/SMS) method, at the discretion
of Logo depending on the type of Promotion. Premium rate services will require the
“double opt-in” (Site/SMS or SMS/SMS) method.
1)
Single Opt-in Method: In response to print, radio, television,
Internet, or other promotional messages, users will be directed to send a specific
word or code via a text message to a designated telephone number to register for
the service promoted. The user’s voluntary submission of the designated word or
code to
Logo will mean that the user has freely and affirmatively
granted permission to
Logo to send text messages
to him or her.
Logo
will thank the user for his or her registration by sending a “Thank you” message.
The user may terminate the service at any time by using the unsubscribe command
in any text message from
Logo or by sending a
text message to
Logo that says “STOP”, “END”, “CANCEL”, “REMOVE”,
“UNSUBSCRIBE” or “QUIT”.
2)
Double Opt-in (Site/SMS)
Method: In response to print,
radio, television, Internet, or other promotional messages, users will be directed
to this Site to start the registration process. The user must affirmatively consent
to
Logo’s sending of wireless messages to his or
her designated wireless device by submitting a telephone number (or wireless email
address, only if requested by
Logo)
and by clicking the consent statement on the Site’s registration page. The user
must also agree to the Site’s
Privacy Policy
and
Terms of Use Agreement before the online registration process is
completed.
Logo will then send a “Confirmation” message to
the user’s designated wireless device and will request that the user confirm that
he or she has agreed to receive messages from
Logo
to that particular telephone number (or wireless domain name when appropriate). The user must respond to the “Confirmation”
message with a text message that states “YES” or “Y” that will indicate the user’s
acceptance of
Logo’s wireless marketing service. Until the user
responds to the “Confirmation” message, the user is not registered for the specific
wireless marketing service subject to the Promotion. A user may respond to the “Confirmation”
message at any time provided that
Logo
may choose to terminate offering wireless marketing service at any time and the
user’s response to the “Confirmation” is only valid if the response is received
while
Logo continues to offer the specific wireless
marketing service.
3)
Double Opt-in (SMS/SMS)
Method: In response to print,
radio, television, Internet, or other promotional messages, users will be directed
to send a specific word or code via a text message to a designated telephone number
to register for the service promoted.
Logo will then send a
“Confirmation” message to the user’s designated wireless device and will request
that the user confirm that he or she has agreed to receive messages from
Logo to that particular telephone number (or wireless
domain name when appropriate). The user
must respond to the “Confirmation” message with a text message that states “YES”
or “Y” that will indicate the user’s acceptance of
Logo’s
wireless marketing service. Until the user responds to the “Confirmation” message,
the user is not registered for the specific wireless marketing service subject to
the Promotion. A user may respond to the “Confirmation” message at any time provided
that
Logo may choose to terminate offering wireless
marketing service at any time and the user’s response to the “Confirmation” is only
valid if the response is received while
Logo
continues to offer the specific wireless marketing service.
b. Termination
of Wireless Services by User.
Regardless of which one of the above opt-in methods was used to register, users
may revoke their consent to receive messages from
Logo
by the following procedure:
A user may cancel one or more services via
his or her wireless device at any time by using the unsubscribe mechanism provided
by
Logo at the time the message is sent, or by sending
a text message that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”.
Logo will terminate the user’s registration for
the most recent wireless service sent to the user. Any of these words followed by
the word “ALL” in the user’s termination request will cancel all of the user’s registered
wireless services with
Logo. If the user unsubscribes
from one or all of
Logo service(s) via his
or her wireless device, the service(s) will be terminated immediately and will cancel
the user’s previous opt-in.
c. Termination
of Wireless Services by
Logo.
A user understands, acknowledges and agrees that
Logo
may, in its sole discretion and without liability to any user, terminate its offer
of any specific wireless marketing service or all wireless marketing services at
any time without advance notice.
Logo may provide notice
of terminations or changes in services on this Site.
d. Use of Information.
Logo will not use a wireless telephone number,
wireless or conventional Internet email address, or other Personal Information submitted
for its wireless marketing services for any other purpose but to provide the service
requested, unless we provide advance notice of any other use. We will not share
such Personal Information with Advertisers or other third party marketers unless
you opt-in to such disclosure. We will share such Personal Information with the
operational service providers that assist us in delivering these wireless services
to you and with the Parent Companies and Affiliates.
3.
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.
You are solely responsible for maintaining
the strict confidentiality of your User ID, if applicable, and for any charges,
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 ID, unless and until you notify us that your User ID 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 or functions of the Site.
4.
Cookies
and Other Technologies: We use 'cookies' and other similar tracking
technologies, such as web beacons (also known as image tags, GIF or web bugs) to
collect non-personal “click stream” data regarding your visits to the Site, such
as your visits to the Site’s webpages, use of our features, and purchasing history
or preferences. Your Personal Information (such as name, email address and credit
card account information) is not collected as part of this process.
We use cookies and similar tracking
technology in a variety of ways, including:
-
Keeping count of your return visits to the Site or
our Parent Companies’, Affiliates’, Advertisers' 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; and
-
Saving your User ID or other information, such as shopping
cart activity, so you don't have to re-enter it each time you visit the Site.
This Site may contain advertisements,
references and links to other websites and organizations that are not affiliated
with MTVN, but are provided by
a variety
of Advertisers or third-party network ad servers that may also use cookies to deliver
personalized advertising messages to you based on your individual interests, website
viewing habits, purchasing history or preferences (“Behavioral Personalized Advertising”)
and/or your general characteristics (such as age, gender and ethnicity) (“Characteristics
Personalized Advertising”). If you
do not wish to receive Behavioral Personalized Advertising, please see the opt-out
instructions below; if you do not wish to receive Characteristics Personalized Advertising,
please see the “Use
of Personal Information in Connection with Personalized Advertising”
section (Section 1(d)) above for how to withdraw your consent.
Opting out to an ad server cookie does not mean that
you will no longer receive online ads. Opting
out means only 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.
These third party Advertisers
and network ad servers may employ their own cookies and other technology to provide
personalized advertising and measure advertising effectiveness.
You should be aware that different rules might apply to the collection, use
or disclosure of your Personal Information and
website viewing/usage information
by third parties in connection with their advertisements, promotions and other websites
you encounter on the Internet. The use of
cookies and similar technology by these third parties is within their control and
not ours. Even if we have a relationship
with the third party, we do not control those websites or their policies and practices
regarding your Personal Information.
This Privacy Policy does not cover any use
of Personal Information or website viewing/usage information that a third party
Advertiser or network ad server may directly collect from you.
We encourage you to investigate and ask questions directly
of them in this regard. Use of Advertisers’
or a network ad server’s tracking technology is subject to their own privacy policies.
For more information about these third party
servers and how to "opt out" of the ad-serving cookie, please
click here.
Although we may track the numbers of users to inform us on
how best to update the Site and enhance the experience for all users, 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 services, 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 of 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.
Notice
for Certain Device Manufacturers: Certain device manufacturers, such as Apple,
preset their browsers to block cookies from websites
other than those you visit directly. As a result, services or advertisements offered
by certain ad servers, operational service providers and/or Advertisers which use
cookies will not work for browsers left in this default setting. Review your device
manufacturers’ manual or contact your device manufacturers’ customer service for
your options.
5.
Privacy of Your Postings:
We respect the privacy of the contents of any Personal Information related to or
contained in a Posting, unless the information is intended to be disclosed (such
Personal Information, except as intended to be disclosed, is called “Confidential Personal
Information”).
However, we reserve the right to monitor, edit, and disclose your use of the Site
or
Confidential
Personal Information to a third party, if we believe such action is required by
law or is necessary to protect and defend our rights, to enforce this Privacy Policy
or the terms of the
Terms of Use Agreement, or to protect the interests of our users,
Advertisers, Parent Companies, Affiliates, licensors, suppliers, operational service
providers, and others. Please see the
Terms of Use Agreement
for details regarding Postings.
6.
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.
As stated above, we will disclose Personal Information related to or contained in
a Posting in connection with the display of and other services relating to such
Posting as such Personal Information is intended to be disclosed. When we plan to
disclose your Personal Information to Advertisers, we ask for you to opt in to do
so, in which case their use of your information is subject to the Advertisers’ own
privacy policies. We may disclose Personal Information to Affiliates for marketing
and/or administrative purposes and you will have the right to opt-out of such disclosure
for marketing purposes. (For opt-out procedures, please see the section of this
Privacy Policy above entitled
“Use of Personal Information in Connection
with Marketing and Offers; Opt-Out Procedures” ).
a. Co-Branded Services
and Features.
The Site may also offer co-branded services
and features, such as events and Promotions that we put together with another company
or our Affiliates ("Co-Branded Partner"). Such services and features
may be hosted on the Site and/or our Co-Branded Partner’s website. We may share your
Personal Information with our Co-Branded Partner and your voluntary use of
or participation in a co-branded service or feature means that you opt-in and
give your affirmative consent to both the Site and our Co-Branded
Partner to collect and use your Personal Information provided during the registration
process and/or in connection with the specific co-branded feature or service for
the fulfillment of the feature or service and for marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner's
future use of your Personal Information for marketing purposes, you will need
to contact the Co-Branded Partner directly. The Co-Branded Partner will be
identified on the co-branded feature or service. Registered or other users that
participate in certain services relating to Postings, such as user video uploads,
agree to have certain Personal Information posted on the Site or Platforms (as defined
in the
User Content
Submission Agreement that relates to
user video uploads) or, if such feature is offered in connection with a Co-Branded
Partner, on our Co-Branded partner’s website in connection with the display of the
uploaded video and posted on any platform that the uploaded video may be posted.
Registered or other users that upload videos may also be required to submit additional
Personal Information.
b. Operational
Service Providers.
We also have the right to disclose your Personal 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 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 the Site or the
Logo Channel. Additionally, such operational service providers are not
permitted to use your Personal Information or Sensitive Personal Information for
their own marketing or promotional purposes.
c. Other Non-Affiliated
Third Parties.
We will make your Personal Information and Sensitive Personal Information available
to non-affiliated 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);
· If we believe your actions violate any law, regulation, the
Terms of Use
Agreement , including, without
limitation, this Privacy Policy, or any of our other terms and conditions, Rules,
offerings or any other services, features or functions of the Site, or if you threaten
the rights, property or safety of the Site, the Logo
Channel, the Parent Companies, the Affiliates, or any of its or their operational
service providers, licensors, suppliers, Advertisers, customers, users, or any other
party;
· 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
or Affiliates.
7.
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.
8.
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 Personal Information such as credit card numbers, account usernames,
passwords, and social security numbers. WE DO
NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL
INFORMATION OR YOUR USERNAME OR PASSWORD!
If you receive such email communication, please forward it immediately
to the Site’s Privacy Administrator at privacy-admin@downelink.com, and then
immediately delete the fraudulent email from your computer.
9. Review, Update or Delete
Your Personal Information: Generally, you
may review, update or delete your Personal Information or Sensitive Personal Information
collected by the 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 or attempted deletion of certain Personal Information, such
as your user name, may not be permitted and/or may result in suspension of your
account or termination of any registration you may have made. To review, update
or delete your Personal Information or Sensitive Personal Information collected
by the Site, please click “MY ACCOUNT” on the homepage to sign in to your Site account
with your User ID. Then, click on "YOUR ACCOUNT INFO" to change, update,
or delete your Personal Information.
If you wish to review Personal Information
collected for Promotions such as contests and sweepstakes, you will need to contact
the Site’s Privacy Administrator via email with a request at
privacy-admin@downelink.com
and be prepared to provide verification
of your identity. Personal Information collected for certain entries are subject
to corporate and regulatory recordkeeping requirements and will not be deleted upon
the user’s request, unless the entrant is a minor under the age of 13 years old.
Minors under the age of 18 that are unknowingly
registered on the Site are in violation of the
Terms of Use Agreement . Parents (including
legal guardians) of minors that registered on the Site in violation of the