document: title: privacy statement/your ca privacy rights
text: VH1.COM PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS 

This is the official privacy policy ("Privacy Policy") for VH1.com ("Site," "we," "us," or "our"), an Internet website offered in cooperation with the VH1 Television channel ("VH1 Channel"). The VH1 Channel and VH1.com are provided by MTV Networks ("MTVN"), a division of Viacom International Inc. (collectively "Parent Companies"). This Privacy Policy governs only the personally identifiable information ("Personal Information") collected by this Site and does not cover any such information collected in any other manner or for any other purpose, any other MTVN programming channel, MTVN's "Jobhunt" website, by VH1's Parent Companies, corporate affiliates, or any other company, unless specifically stated

Overview: This Privacy Statement 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 13 years of age or older who reside in the United States of America, its territories and possessions ("U.S"). If you are not yet 13 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. 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. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates. We may also e-mail you about these changes.

We are committed to protecting our users' privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information. 

YOUR CALIFORNIA PRIVACY RIGHTS  
Residents of the State of California, under a new provision of the California Civil Code, 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 the company has a privacy policy that gives either an Opt-out 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. 

VH1 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 privacyadmin@vh1.com, or you may contact us via postal mail at: 

VH1  
VH1.com  
1515 Broadway  
NY, NY 10036  
Attn: Your California Privacy Rights  
c/o Privacy Administrator

All requests sent via postal 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 privacyadmin@vh1.com or:   
VH1  
VH1.com  
1515 Broadway  
NY, NY 10036  
c/o Privacy Administrator GENERAL PRIVACY 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. By your participation in our Site activities, you certify that you are at least 13 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 are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information you transfer to us 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 of Personal Information to the U.S., and waive any claims that may arise under your own local and national laws. 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 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. 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 corporate affiliates, marketing companies, or advertisers, promotional partners, and sponsors (collectively, "Advertisers"). 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 or a participant in our features and activities. 

Collection and Use of Personal Information: When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information to any of the MTVN family of companies. For example, if you order any of our various merchandise or goods ("Products"), in addition to your name and contact information, we will also collect and maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number, and information about your computer's internet address and web site which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is classified as Sensitive Personal Information and is collected via a secure transmission.

We collect Personal Information about you when you visit the Site and input information, whether you are registering to use the Site, enrolling or signing up for features and functions, participating in promotions, ordering or purchasing Products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.

  1. Member Registration  
To register as member of VH1.com, you are required to select a user name and password, plus email address, first and last name, gender, date of birth and zip code. Additional Personal Information requested during the registration process (but not required) may include, but is not limited to, cable/satellite provider, ethnic information, and annual income. We will allow you to change your password, as well as any Personal Information or Sensitive Personal Information you have given us in order to keep this information current. Among other things, this information helps us identify you as a registered or permitted user of those features and functions.

All member benefits are free. You will also have an option to subscribe to a selection of free email newsletters by opting-in on the registration page. By becoming a member of VH1.com, you agree to this Privacy Policy and our Terms of Use Agreement. As 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 and its functions and features, in connection with your registration. 

During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to use the features and functions of the Site, including VH1's "Media Kit," chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages.

  2. Other Events and Activities and Use of Personal Information  
VH1 Save the Music Foundation: The VH1 Save The Music Foundation is featured as sub-site of this Site and can be accessed via the banner link on the Site's home page or via direct link by clicking here. The VH1 Save The Music Foundation ("STM") is a nonprofit organization dedicated to improving the quality of education in America's public schools by restoring music programs in cities across the country, and raising public awareness about the importance of music participation for our nation's youth.

This Site's Privacy Policy governs the STM sub-site, as well as the Site's Terms of Use Agreement. There are several features on the STM sub-site that collect Personal Information. For our "Contact Us" page, we request your email address. You may register to receive STM's email newsletter by submitting your email address to the "Mailing List." You may also unsubscribe ("Opt-out") to the newsletter by accessing the Mailing List page, clicking the unsubscribe button and submitting your email address. 

The Site also provides information regarding the various ways you can support the VH1 Save The Music Foundation program, including online auctions managed by eBay and online donations on this Site. An individual or organization is requested to submit the following Personal Information to make an online donation: First and last name, company name, street address, city, state, zip, phone number, fax number, credit card type, number, and expiration date. Submission of your fax number is optional. By submitting your fax number, you consent to us sending information regarding VH1 Save The Music via facsimile to this designated number. You may unsubscribe at any time by contacting this Site's Privacy Administrator at privacyadmin@vh1.com

Contests and Sweepstakes: Membership in VH1.com is not always required to enter contests and sweepstakes. There may be a separate registration process which will require the submission of 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 contest or sweepstakes, but submission of such information may be optional. The contest or sweepstakes entry page will provide the specific requirements. You may also have the opportunity to opt-in to special promotions or offers from our generous Advertisers.

We may contact website users that have registered for or participated in various events by email or text messaging to promote the VH1 Channel, the Site, or send offers for the purchase of goods or services that may of interest to users of this Site. 

You may "opt out" of receiving marketing and promotional e-mails or text messages from us by going to the vh1.com home page, clicking the "Your Account" link, and changing your newsletter subscription choices via the "Your Newsletters" link. You may also use the opt-out mechanism that is contained in an email or text message. However, we may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, contests you have entered or other transactions you have undertaken. 

In the event that VH1 unknowingly sends an email or text message to a child (a person under the age of 13 years) who has registered on the Site in violation of the Site's Terms of Use Agreement, the child or the child's parent or legal guardian always have the right to unsubscribe from receiving future emails or text messages via the unsubscribe (opt-out) mechanism contained in the email or message, or to request termination of the child's registration on the Site. The same is true for the parent or legal guardian of a minor (a person under the age of 18 years old). Please see the "Review or Update Your Personal Information; Parental Termination of Membership" Section for details. 

  3. Wireless Marketing Services and Promotional Opportunities:  
VH1 provides its valued website 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. Users are required to provide their consent to receive such information from VH1, either by registering on this Site or via their wireless device. Such services and promotional opportunities are provided by MTVN affiliates for VH1. The information requested as part of the online registration process is 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 the Site's Privacy Policy and 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 VH1'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 VH1. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will VH1, its Parent Companies, or corporate 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.

    1. Registration There are two registration methods provided for VH1'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 VH1 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 a print, radio, television, Internet, or other promotional message, 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 VH1 will mean that the user has freely and affirmatively granted permission to VH1to send text messages to him or her. VH1 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 VH1 or by sending a text message to VH1 that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". 
      2. Double Opt-in (Site/SMS) Method: In response to a print, radio, television, Internet, or other promotional message, users will be directed to this Site to start the registration process. The user must affirmatively consent to VH1'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 VH1) 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. VH1 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 VH1 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 VH1'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 VH1 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 VH1 continues to offer the specific wireless marketing service.
      3. Double Opt-in (SMS/SMS) Method: In response to a print, radio, television, Internet, or other promotional message, 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. VH1 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 VH1 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 VH1'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 VH1 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 VH1 continues to offer the specific wireless marketing service. 

    2. 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 VH1 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 VH1 at the time the message is sent, or by sending a text message that says "STOP", "END", "CANCEL", "REMOVE", "UNSUBSCRIBE" or "QUIT". VH1 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 VH1. If the user unsubscribes from one or all of VH1 service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user's previous opt-in.

    3. Termination of Wireless Services by VH1  
A user understands, acknowledges and agrees that VH1 may, at 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. VH1 may provide notice of terminations or changes in services on this Site.

    4. Use of Information  
VH1 will not use a wireless telephone number, wireless or conventional Internet email address, or other 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 this Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share this information with the operational service providers that assist us in delivering these wireless services to you and with corporate affiliates related to VH1 and MTVN. 




It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. 

You are solely responsible for maintaining the strict confidentiality of your user name and password and for any 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 name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. 

Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.

Cookies: We use 'cookie' technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including: 

  1. Keeping count of your return visits to the Site or our Advertisers' or partners' sites; 
  2. Accumulating and reporting aggregate, statistical information in connection with the Site; 
  3. Determining which features users like best; and 
  4. Saving your user name, your password or other information 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 web sites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party Advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such 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 information. This Privacy Policy does not cover any use of Personal Information that a third party Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard. Use of Advertiser'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.   
Some of the aggregate customer data we collect may be shared with Advertisers, multiple system cable operators and other business partners of VH1, 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. 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 visitors to inform us on how best to update the Site and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information. 

Postings: We respect the privacy of the contents of users' e-mail and other correspondence (collectively, "Postings"). However, we reserve the right to monitor, edit, and disclose your use of the Site, information pertaining to any Posting or its contents 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 our Terms of Use Agreement, or to protect the interests of our users, Advertisers, suppliers, operational service providers, and others.

Disclosure to Third Parties: We do not sell, rent, lease or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to Advertisers, we ask for your consent ("Opt in") to do so, in which case their use of your information is subject to the Advertiser's own privacy policy. The Site also offers co-branded services and features, which are events and promotions (for example, a contest) that we put together with another company ("Co-Branded Partner"). We will share your Personal Information with our Co-Branded Partner and your voluntary use and/or participation in a co-branded service or feature means that you have given your affirmative consent to both the VH1 Channel and our Co-Branded Partner to collect and use your Personal Information. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information, you will need to contact the Co-Branded Partner directly. 

We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining services on the Site. These third parties are called operational service providers, the specialists that provide internal support to operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores (such as MTVN Direct Inc.). We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with this Site or the VH1 Channel. Additionally, such providers are not to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.

We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties only in the following limited circumstances:  


  1. 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);  

  2. If we believe your actions violate any law, regulation, our Terms of Use Agreement, Additional Terms, Rules, this Privacy Policy, or any of our guidelines for promotions, Product offerings or any other features or functions of the Site, or if you threaten the rights, property or safety of the Site, VH1, its operational service providers, suppliers, Advertisers, other customers or users, or any other party;   

  3. 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   

  4. In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our Parent Companies.   




Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy. 

Review or Update Your Personal Information; Parental Termination of Membership: Generally, you may review or update your Personal Information or Sensitive Personal Information collected by this Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility may be modified with sufficient verification of the correct information. To review or update your Personal Information or Sensitive Personal Information collected by the Site, please click "MY ACCOUNT" on the homepage to sign in to your VH1.com account with your user name and password. Then, click on "YOUR ACCOUNT INFO" to change or update your Personal Information. Parents (including legal guardians) of children that registered on the Site who wish to terminate their child's membership and have their child's user name and password can terminate their child's membership by sending, along with the child's name, user name, and password and a request for termination, either an email to the Privacy Administrator at privacyadmin@VH1.com, or a letter to the Privacy Administrator at:

VH1  
VH1.com  
1515 Broadway  
New York, NY 10036  
c/o Privacy Administrator

Children under the age of 13 that are unknowingly registered on the Site are in violation of our Terms of Use Agreement. We will not allow direct access to a user's account and Personal Information to anyone without the account's user name and password. (Please see above for how to change account preferences.) If a parent does not have his or her child's user name or password, the parent will be required to send an email to the Privacy Administrator that includes the parent's name, address, telephone and email address, in addition to the child's name and email address as registered on the Site, plus the child's date of birth. VH1 will send a confirming email to the parent via the email address provided to verify that the parent wishes to terminate his or her child's account. The parent must then confirm by sending a reply email to the designated return address. VH1 will then terminate the child's account but will notify the child of the termination request via email and will identify the name, address and email address of the person making the request. 

We reserve the right to deny access of a user account or Site features or activities to any user if we believe there is a question about the identity of the person trying to access the account. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries. 

Questions: If you have questions about our Privacy Policy, you can go directly to our Frequently Asked Questions section, which we hope will be helpful and is designed to answer many of your questions. If you cannot find the answer to a question related to our Privacy Policy or if you do not understand any of our information about how we collect, maintain, use or share your personally identifiable information, you may contact us directly by clicking here. 

Sole Statement: This document is the sole statement of VH1.com's Privacy Policy with respect to this Site, and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

Last modified October 28, 2005, effective immediately.

  
Copyright © 2007 MTV Networks, a division of Viacom International Inc. - All Rights Reserved.