This is the official privacy policy (“Privacy Policy”) for PosOrNot.com ("Site," "we," "us," or "our"), an Internet website offered in cooperation with the mtvU television channel or programming service (“mtvU Channel”). The mtvU Channel and the Site (together, “mtvU”) are provided by MTV Networks On Campus Inc. (“MTVNOC”), a subsidiary of Viacom International Inc., and MTV Networks (together with MTVNOC, "MTVN"), a division of Viacom International Inc. (MTVN and Viacom International Inc., together, 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 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:
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.
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.
The Site 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@posornot.com, or you may contact us via regular mail at:
PosOrNot c/o mtvU
www.PosOrNot.com
1515 Broadway
New York, NY 10036
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@posornot.com or:
PosOrNot c/o mtvU
www.PosOrNot.com
1515 Broadway
New York, NY 10036
c/o Privacy Administrator
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 or the required greater age for certain features 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 Sign-Up to “Join the Game” Registration. Although there is no user registration to use the most basic features of the Site, you are required to be authorized to Join the Game (“Authorized User”), and in connection with Joining the Game will be required to also provide certain Personal Information, such as your email address, first and last name, gender, date of birth, country, zip code and certain medical information. 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 certain Personal Information or Sensitive Personal Information you have given us in order to keep your information current. You will not be able to change your date of birth without sufficient verification.
All member benefits are free. As a registered Authorized User of the Site, from time to time, we may also provide you with certain opportunities to receive certain information. 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 Authorized 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 to Join the Game (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. INTENTIONALLY LEFT BLANK
e. Use of Personal Information in Connection with Promotions 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 using 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 sends an email or text message to a child (a person under the age of 13) or Ineligible Teenager (as defined in Section 9) who has registered with the Site or its features in violation of the Site’s Terms of Use Agreement, the child (or Ineligible Teenager) or the child’s (or Ineligible Teenager’s) parent or legal guardian always has 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 child’s or Ineligible Teenager’s registration and status as a registered user with the Site. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state). 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 as 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. mtvU 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: mtvU 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 mtvU, either by registering on the Site or via their wireless device. Such services and promotional opportunities are provided by Affiliates for mtvU. 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 mtvU’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 mtvU. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site, mtvU, 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 mtvU’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 mtvU depending on the type of Promotion. Premium rate services will require the “double opt-in” (Site/SMS or SMS/SMS) method.
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 mtvU 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 mtvU at the time the message is sent, or by sending a text message that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”. mtvU 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 mtvU. If the user unsubscribes from one or all of mtvU 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 mtvU. A user understands, acknowledges and agrees that mtvU 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. mtvU may provide notice of terminations or changes in services on this Site.
d. Use of Information. mtvU 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.
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:
This Site may contain advertisements, references and links to other websites and organizations that are not affiliated with MTVN.
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 Promotions 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 agree to have certain Personal Information posted on the Site 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 Posting and posted on any platform that the Posting may be posted. Registered or other users that submit certain types of Postings 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 mtvU 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:
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@posornot.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. To review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, please forward an email request to support@posornot.com.
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@posornot.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 child under the age of 13 years old.
Persons who do not meet the age requirements of this Site or certain features of this Site (“Ineligible Teenagers”), that are unknowingly registered on the Site are in violation of the Terms of Use Agreement. Parents (including legal guardians) of children or Ineligible Teenagers that registered on the Site in violation of the Terms of Use Agreement who wish to terminate their child’s or Ineligible Teenager’s membership must send us an email to the Site’s Privacy Administrator or to support@posornot.com and provide us with your child’s or Ineligible Teenager’s name and request to terminate your child’s or Ineligible Teenager’s account and registration. We will not allow direct access to a user’s Personal Information by any person without the user’s express permission. The parent will be required to send an email to the Privacy Administrator or to support@posornot.com that includes the parent’s name, address, telephone and email address, in addition to the child’s or Ineligible Teenager’s name and email address as registered on the Site, plus the child’s or Ineligible Teenager’s date of birth. The parent must also provide verifiable identification that they are the parent of the ineligible child or Ineligible Teenager. mtvU 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 or Ineligible Teenager’s registration. The parent must then confirm by sending a reply email to the designated return address. mtvU will then terminate the child’s or Ineligible Teenager’s account but will notify the child or Ineligible Teenager 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, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions. 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 contact information for further inquiries.
10. Questions: If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information, you may contact us directly by sending an email to privacy@posornot.com.
11. Sole Statement: This document and the Additional Documents (as defined below) are the sole statements of the Site’s Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid. “Additional Documents” means the Photo-Appearance Release by Owner signed by you in connection with your registration to Join the Game on the Site and any other agreements that the Parent Companies may reasonably request you sign from time to time.
This Privacy Policy was last modified on April 24, 2008 and is effective immediately.
Copyright © 2008 MTV Networks On Campus Inc., a subsidiary of Viacom International Inc. - All Rights Reserved.
©2008 MTV Networks On Campus Inc.
The content in this Site is for information purposes only and is not intended to be substituted for professional medical advice, diagnosis, or treatment. Immediately seek the advice of your physician or other licensed healthcare provider with any questions regarding a medical condition. Reliance on any information on the Site is solely at your own risk.