This Privacy Policy is dated June 9, 2008, and is effective immediately.
play.it (the "Site," "us," "ours" or "we") is the official website for the play.it online radio service. This Site is owned and operated by CBS Radio Inc., a Delaware corporation ("Owner and Operator" or "CBS Radio"). This Privacy Policy does not govern the collection of information collected by CBS Radio's corporate parent(s), corporate affiliates ("Affiliates"), or any other company, unless specifically stated.
Your privacy is important to us and this Privacy Policy explains how we gather certain types of personally identifiable information ("Personal Information") from you. This Privacy Policy is incorporated by reference in the Site's
Terms of Use Agreement applicable to all Site users.
If you do not agree with this Privacy Policy, please do not use this Site.
GENERAL PRIVACY GUIDELINES
You agree to provide true, current, complete and accurate Personal Information when prompted by your use of this Site. We reserve the right to reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy. Unless specified otherwise on the Site, all users must be at least 18 years of age and a legal resident of the United States ("U.S.") to participate in any activity that requires the submission of Personal Information.
This 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 governed by other nations. If you are not subject to U.S. law, your use of the Site at your own risk and initiative, and you shall be responsible for compliance with any applicable national and/or local laws. Please be aware that any Personal Information you transfer to us from outside the U.S. will be transferred to and processed in 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 of Personal Information to the U.S., and waive any claims that may arise under your own national and/or local laws.
Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. If applicable, 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, Advertisers, or marketing companies. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of this Site.
We reserve the right to revise this Privacy Policy at any time by updating this document without advance notice to you. However, we will notify you of any material revisions by sending you an email to the email address you provided us. It is your responsibility to your responsibility to keep your email address in our records current. Such revisions shall be effective to you immediately upon notification and posting on the Site. We will also provide notice on our webpage when we have updated the Privacy Policy in any manner. Continued use of this Privacy Policy upon notice will indicate your affirmative consent to any changes. We encourage you to check this Privacy Policy often.
We use your Personal Information to provide you with the features, services, or goods you request, to respond to billing and/or other such questions related to the Site and to notify you about updates, new features, programming and activities on behalf of the Site, our Advertisers or our Affiliates that may be of interest to you. We may also use your information for hiring, operational and business purposes, to find out how we can improve our Site via surveys or online tracking mechanisms and to develop new services and features that may be of interest to you. We use aggregate Personal Information to help us to evaluate and modify existing services and features.
We will share your Personal Information with our corporate parents, CBS Corporation and Affiliates primarily for business and operational purposes. AOL, LLC ("AOL") is a partner of ours and if you are accessing the Site via the AOL Network, your Personal Information may be shared with AOL for internal support, maintenance and management of our services on the AOL Network. On occasion, we will share your Personal Information with Affiliates for promotional and marketing purposes. We will also share your Personal Information and Sensitive Personal Information (as defined below) with our operational service providers, the specialists that provide internal support to Site 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. We use such third parties 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 the Site. Additionally, such providers are not to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.
In the event that the assets or stock of CBS Radio or its parent company(s) are sold or transferred, merged with a different company or entity, restructured, or subject to other fundamental corporate changes, we reserve the right to disclose any and all databases compiled from Personal Information or Sensitive Personal Information collected by us via this Site in this business transaction.
Except as otherwise described in this Privacy Policy or as permitted by you, we will not sell, exchange, rent, lease or otherwise disclose your Personal Information or Sensitive Personal Information to other third party marketers or any such persons that are not associated with the Site as Advertisers unless it is necessary to: 1) conform to regulatory and legal requirements or to comply with legal process; 2) to protect the safety and security of our users, employees, or property; 3) to defend the rights of the Site; or 4) to enforce the Terms of Use Agreement.
We reserve the right to collect Personal Information using any new technology yet to be developed and to use such technology to provide new services and features to you, as well as for marketing and promotional purposes. Specific information regarding your choice to Opt-in or to Opt-out to such use, or for sharing your Personal Information with Advertisers, will be provided once the new technology, service, or feature is introduced.
WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Generally, you may browse this Site without providing any Personal Information. For certain activities that are or will be offered via the Site (such as contest and sweepstakes registrations, membership, awards points and loyal listener clubs, music sampling and surveys, news/sports/weather alerts, or registration for chat rooms and message boards), you may be asked to provide the Personal Information that includes your first/middle and last name, home address, business address, email address, URLs of website pages you control (e.g., MySpace, Facebook, or other social networking website page), telephone number, mobile phone/text messaging device number, birth date, gender, employer or personal preferences, depending on the activity.
Registration to enjoy the streaming of programming offered via the Site requires the submission of your email address, screen name, and password. Optionally you may also submit additional personal information including your full name, birth date, gender, country, zip/postal code, and URLs of website pages you control (e.g., MySpace, Facebook, or other social networking website page). You will also have the ability to opt-in to additional subscription services, such as email news alerts, programming updates, and promotional and marketing information to be received directly from us or our Advertisers.
Unless stated otherwise, we do not request contact information for a mobile phone, text messaging or any wireless device that includes a domain name address (such as ".net" or ".com") as part of the contact information. Federal law prohibits the sending of commercial email messages directly to a wireless device that uses a domain name, unless you have first given your express consent and been informed of other regulatory requirements. We may inadvertently collect a wireless device number that includes a domain name when you send us an inquiry or register for a contest or membership club. However, we will not knowingly use that contact information for sending commercial email. We reserve the right to respond to user inquiries or requests sent via a wireless device that uses a domain name as such messages are not deemed to be commercial email and therefore, are not regulated by Federal law. However, when "computer to phone" commercial emails are prohibited by law, we may reject your wireless device contact information when such information is submitted for certain Site features or services. We will attempt to notify you if we will need new contact information.
For specific purposes (such as the purchase of goods and services and/or for contest prize fulfillment) we will request a type of confidential Personal Information which shall be called "Sensitive Personal Information" and includes any individual's: (1) social security number; (2) driver's license number or state identification card number; (3) employee identification number; (4) credit or debit card number, with or without any required security code, or PIN. Sensitive Personal Information will only be used for verification of your identity, federal or state tax reporting requirements, and/or to implement and complete the specific activity or event it was submitted for. We will not share your Sensitive Personal Information for marketing or promotional purposes.
DISCLOSURE TO ADVERTISERS
Advertising support allows us to offer, free of charge, many great activities and services to our users such as contests, sweepstakes and special events. Therefore, we may also use your Personal Information for the marketing of events, products or services of our Advertisers. There are two ways users may receive such information from Advertisers, either indirectly via newsletters, email or direct mail from the Site, or directly from the Advertiser. We may use one or both methods depending on the activity and the Advertiser.
When we plan to share your Personal Information with Advertisers, you will receive such notice on the Site, in the rules of participation ("Rules of Participation") for the activity or event, or via an email notice. However, please be informed that our Advertisers may not have the same privacy policies that we do. Therefore, we will ask you for your consent first to receive marketing information directly from our Advertisers when you register with the Site. You will need to check the "Opt-in" click boxes that may be located on the registration area for the particular activity or event, in an email, or notify the Site's Privacy Administrator at
privacyadministrator@play.it. However, if you do not wish to receive marketing or promotional materials from the Site, you will need to tell us so by clicking the "Opt-Out" click boxes that may be included on the registration area for the particular event, or alternatively, notify the Site's Privacy Administrator.
We also provide you with an option to "Opt-out" of receiving advertising and promotional email from us in compliance with federal law by installing an Opt-out mechanism with all such email messages. You must use the designated method in the email message to notify us of your Opt-out request, as we cannot guarantee that other methods of notification will be effective or timely. Please be aware that we may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding contests you have entered or other transactions you have undertaken.
We are not responsible for removing your Personal Information from third party lists or entities which you have previously authorized us to share your information. You will need to contact those entities directly.
COOKIES AND IMAGE TAGS
The use of cookies is an industry standard and they are currently used on most websites, including this Site. Cookies are a small text file containing a unique identification number that is transferred from a website server either to your browser or temporary storage of your computer so that the website administrator or a third party operational service provider may identify the computer and passively track your activities on the Site. Image tags work in conjunction with cookies and are small image files that may be located on select pages of our Site, or within web-based email newsletters that we may send. (Image tags are also called web beacons, web bugs, clear GIFs or single-pixel GIFs.) Tracking is important because we can better understand what parts of our website are used the most, when to launch new services and how to enhance current offerings. We may share the information we receive from cookies and image tags with third-parties and our Advertisers in aggregate form, which means that such information generally does not contain specific Personal Information or Sensitive Personal Information about any one visitor. In short, cookies and image tags collect a user's Internet protocols and server information. Such data files allow our Site to remember your web browser when you visit our Site and are necessary tools for quick and efficient access to membership clubs, awards programs and contests. A cookie will not allow the Site to learn any Personal Information (such as your real name and email address) or Sensitive Personal Information that you have not otherwise disclosed. Cookies and image tags allow the Site to remember important information that will make the Site easier for you to use and helpful in our administration of various activities. We do not use cookies or image tags to collect other Personal Information or Sensitive Personal Information unless you give us permission to do so. However, we engage certain third parties and utilize third-party technology to serve advertisements to this Site. Such technology places cookies on your computer that collect Personal Information from the visual and streaming advertisements appearing and/or playing on your computer, and monitor your website or Internet usage collecting certain aggregate information.
Cookies will also be used by certain Advertisers and other entities featured on the Site to monitor and track your usage of the Site, number of visits, or the number of times that you have reviewed an ad or other features, so that we may customize your visit based on your personal interests. For example, this Site uses DoubleClick as our ad-serving partner; Double Click may place or recognize a unique cookie on your browser for select advertisements. However, this use of cookies does not collect any Personal Information such as your name or email address. For more information about DoubleClick, cookies, and how to "opt-out" of such cookies, please
click here.
You should be aware that different rules might apply to the collection, use or disclosure of your Personal Information by other third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of cookies and other 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 sites or their policies and practices regarding your Personal Information. This Privacy Policy does not cover any use of Personal Information that a third party or an Advertiser may collect from you. We encourage you to investigate and ask questions directly of them in this regard. Also see our section called "ADVERTISING, OTHER THIRD PARTY CONTENT AND HYPERLINKS."
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 our Site that make your Internet experience more efficient and enjoyable because some of our features and services may not function properly.
MONITORING AND USE OF AGGREGATE PERSONAL INFORMATION
We also reserve the right to monitor and edit any Personal Information about our users, including information about the use of website activities and services, the content of users' email and messages for internal purposes, and when necessary, to disclose to law enforcement personnel, and/or the employer and/or Internet Service Provider of a user that is not in compliance with the Terms of Use Agreement or Privacy Policy. We will take such measures if we believe it is necessary to protect the security, integrity, and operations of this Site. Without disclosure of Personal Information or Sensitive Personal Information about individual users, we may provide aggregate statistics about our users, traffic patterns and related website information to Advertisers, Affiliates, third party vendors or marketing companies.
CHILDREN'S PRIVACY POLICY
Although persons of all ages may visit our Site and participate in activities that do not require the collection of Personal Information or Sensitive Personal Information, we do not knowingly or intentionally collect Personal Information or Sensitive Personal Information from children under the age of 13. Except for the limited circumstances listed below, we will automatically reject and delete the registration or entry of any person we believe in good faith to be underage and does not meet the age eligibility requirements of this Site. Any false or fraudulent registration or entry from a minor (under the age of 18 or the age of adulthood in your State of residence) will be deemed to be ineligible and will disqualify the minor from the receipt of a prize, benefit, or other participation.
Except to meet Federal Communications Commission ("FCC"), or other regulatory and legal purposes, we will not use, store, or disclose any child's Personal Information to a third party without prior parental consent. This policy is consistent with the Children's Online Privacy Protection Act of 1998 ("COPPA") which governs the online collection of Personal Information from children under the age of 13.
SHOPPING & E-COMMERCE
If this Site sells goods and/or services or provides auction services we may request Sensitive Personal Information that includes your credit card, debit card or other payment information. The Site may also request additional Personal Information such as full name, billing and shipping address, email address and telephone number and any such information that is required to fulfill your order and to communicate with you regarding your order. Sensitive Personal Information will be encrypted or collected though a secured Internet connection generally via SSL or S-HTTP protocols. Such Sensitive Personal Information will also be stored in a commercially reasonable secure manner. We may use your Personal Information, (but not your credit card or debit card number) to contact you about future products, services and discounts or to provide such information indirectly from our Advertisers, unless you tell us otherwise ("Opt-out"). We will only use your credit card and debit card number to complete the specific transaction you requested. Alternatively, the Site may use a third party operational service provider to conduct the financial transaction in a secured manner; the third party payment process will be accessible via a hyperlink from the Site and the operational service provider will be solely responsible for all financial transactions and the collection, use, and storage of your Personal Information.
CHAT ROOMS, MESSAGE BOARDS AND PUBLIC AREAS
For your enjoyment and entertainment, this Site may offer user interactive activities such as blogs, chat rooms, message boards, and/or public forums ("Public Areas"). If you are required to register to use any interactive area, we do not share any Personal Information or Sensitive Personal Information that is entered into the Public Area registration section on the Site with Advertisers. However, any such information that is posted in Public Areas is available to anyone using the Site.
We reserve the right, at our sole discretion, to save and archive any content of any nature posted to the Site and that we may, without liability to any user: 1) disclose such content if required to do so by law or to comply with legal processes; 2) to respond to claims that any of the content violates the property, privacy, publicity or other rights of others; or 3) to protect the rights, property or safety of the Site, its employees, users and members of the public. For more information on this Site's rules of conduct for these Public Areas, please see our
Terms of Use Agreement.
ADVERTISING, OTHER THIRD PARTY CONTENT AND HYPERLINKS
This Privacy Policy does not cover third party advertising or third party content that may be present on the Site. This Site may provide banner and general advertising from third parties, in addition to other content provided by our Advertisers or operational service providers. Users may from time to time purchase goods or services offered through, or otherwise participate in or send messages concerning such advertising, promotions or third party content offered through the Site. Such correspondence, transactions and agreements are solely between the user and the Advertiser or the third party content provider and do not involve the Site. Also, Advertisers and such third party content providers may not have the same privacy policies that we do and you are encouraged to read their privacy policy first. (Also see our section called "Cookies and Image Tags")
This Site often provides links to third party websites that could be of interest to our users, including the websites of our Advertisers. As stated in our Terms of Use Agreement, we do not own or control these websites and therefore, is not responsible for the content, business practices, nor operations of such websites. Third party websites linked on this Site may have different privacy policies and business practices than we do. The presence of a link to a third party website does not constitute or imply our endorsement, recommendation, or sponsorship of the third party content, goods, or services available through, or contained on, the Site. By use of this Site, you have agreed that you will use the hyperlinks to third party sites at your own risk.
SECURITY MEASURES
We conduct the collection, management, maintenance and storage of listener or website user information in a secure and commercially reasonable manner using acceptable industry standards of security technology and practices (such as electronic security systems and password protections) to protect against the loss, misuse or alteration of Personal Information. We also request that our operational service providers take such precautions. The Site's databases are accessible only by authorized personnel.
However, please note that when users transmit Personal Information over an unsecured Internet connection, the Site is not responsible for the security of that information during the transmission stage as your email or registration could be copied or intercepted by unknown third parties. We use a secured connection only for the collection of Sensitive Personal Information, which is necessary for the purchase of goods or services, but we do not use a secured connection for other types of activities. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.
REVIEW, UPDATE, CORRECT, OR DELETE PERSONAL INFORMATION OR SENSITIVE 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. Certain types of Personal Information that are necessary to check eligibility, such as birth date or age, cannot be deleted, but may be modified with sufficient verification of the new information. Note that we reserve the right to terminate or delete any membership or entry if we believe the Personal Information submitted was knowingly false or fraudulent.
To review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, please email the Site's Privacy Administrator at privacyadministrator@play.it or
click here. To have access to your Personal Information or Sensitive Personal Information, you must provide proof of identification such as full name, street address, city/state and zip code, user ID and password, and/or information about your recent activity on the website. We reserve the right to deny access to any user if we believe there is a question about your identity. 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.
YOUR CALIFORNIA PRIVACY RIGHTS / QUESTIONS
If you are a California resident using this Site and want to receive information from us regarding our disclosure of your information to third parties, you must send a request to the following email or postal address:
Email:
mailto:privacyadministrator@play.it
You must put the statement "Your California Privacy Rights" in the subject field of your email.
Postal Address:
play.it
1515 Broadway, 46th Floor
New York, NY 10036
Attn: Your California Privacy Rights
c/o Privacy Administrator
Postal mail inquiries 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 telephone or facsimile. We are not responsible for responding to notices that are not labeled or not 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 the following email address:
privacyadministrator@play.it or:
play.it
1515 Broadway, 46th Floor
New York, NY 10036
Attn: Privacy Administrator