UPDATED AS OF: October 24, 2011
This privacy statement (“Privacy Statement”) applies solely to information collected through the TOTD family of websites, web pages, interactive features, applications, widgets, blogs and their respective contents, in addition to Twitter, Facebook or other social networking sites, and their respective contents, whether accessed via computer mobile device or other technology platforms (collectively, the “Platforms”). The Platforms are offered by Take On The Day, LLC. and its subsidiary and affiliate companies, platform developers and other promotional partners (collectively, “TOTD”, or “we”, “us”, “our”).
The Platforms may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as your name, email address, telephone number, home address or other profile-related information (“Personal Information”)). For example, TOTD may collect Personal Information when you register on the Platforms, request information, submit comments or participate in some promotion, survey or other feature of the Platforms, or otherwise communicate or interact with us. The Platforms may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences and interests. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. Although you may use certain features of the Platforms without completing a registration or sign-up form, users who do register and/or sign up for special services may have access to additional features of the Platforms and may be more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by the Platforms such as listener clubs and personalized content. To the extent the Platforms allow you to apply to become a customer of TOTD, additional information may be requested and collected from you via customer application forms and other forms. If you do not want your Personal Information collected, please do not submit it.
Shopping/Commercial Services. The Platforms may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If Platforms offer shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
Public Forums. The Platforms may make available (but are not limited to) chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and is not subject to the provisions of this Privacy Statement. Accordingly, you should exercise caution when deciding to disclose Personal Information.
Whenever you visit or interact with the Platforms, TOTD, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Platforms are accessed and used (“Usage Information”). Usage Information may include, in part, browser type, device type, operating system, the page served, the time, the preceding page views, and your use of features or applications on the Platforms, such as song history, interaction with friends and group activities. This statistical data provides us with information about the use of the Platforms, such as how many visitors visit a specific page on the Platforms, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep our Platforms fresh and interesting to our visitors and tailor content to a visitor’s interests. Usage Information is generally non-identifying, but if TOTD associates it with you as a specific and identifiable person, TOTD treats it as Personal Information.
TOTD also automatically collects your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Platforms. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Platforms, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, and gather broad demographic information for aggregate use.
The technologies used on the Platforms to collect Usage Information, including Device Identifiers, include but are not limited to:
Cookies. Cookies are data files placed on a Device when it is used to visit the Platforms. TOTD, or our third-party advertising service providers, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Platforms. Cookies allow us to collect technical and navigational information, such as browser type, time spent on our Platforms and pages visited. Cookies allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Platforms. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our Platforms may not work properly because we may not be able to recognize and associate you with your TOTD account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Pixel tags. A pixel tag is a transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server. The pixel tags on TOTD’s Platforms are set only by companies we work with and supervise.
TOTD uses the information we collect about and from you for a variety of business purposes, including for example, to: respond to your questions and requests; provide you with access to certain areas and features of the Platforms such as your interaction with other users; verify your identity; communicate with you about your account and activities on the Platforms and, in our discretion, changes to any TOTD policy; tailor content, advertisements, and offers we serve you; improve the Platforms and for internal business purposes; process applications and transactions; comply with license obligations; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. To the extent that you provide us with financial related information in connection with shopping or commercial services offered through the Platforms, we will use the financial information that you provide to bill you for products and services. By submitting your credit card and related personal information to the Platforms, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order. We will use contact information from the order form to fulfill your orders. We will not otherwise use or distribute your financial information without your prior approval.
Except as provided in this Privacy Statement, we will not provide any of your Personal Information to any third parties without your specific consent. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Statement and in the following circumstances:
Third Parties Providing Services On Our Behalf. In order to carry out your requests, to make various features, services and materials available to you through the Platforms, and to respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners), such as companies or individuals that host or operate our Platforms, analyze data or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance (such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list); and “powered by” partners or partners in co-branded sites. Your Personal Information may also be used by us or shared with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers.
Business Transfers. We may share your Personal Information with other entities and affiliates in the family of companies controlled by TOTD for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the Platforms, Personal Information, Usage Information, and any other information that we have collected about the users of the Platforms may be disclosed to such entity as part of the due diligence process and will be transferred, in whole or in part, to such entity as one of the transferred assets. If so, TOTD will seek to obligate the acquiring entity to use any information transferred in a manner consistent with this Privacy Statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
TOTD may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from TOTD, that website will submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service.
We may also supplement the information we collect about you through the Platforms with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Platforms. In those cases, we will apply this Privacy Statement to any Personal Information received, unless we have disclosed otherwise.
You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters, emails or other communications by: (i) modifying your registered user information on the Platforms; (ii) sending us an email at firstname.lastname@example.org (Please note that this email should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general, to answer concerns regarding on-air programming, promotions or other non-web related issues.); (iii) contacting us by mail at TOTD Digital Customer Service, P. O. Box 8120, Van Nuys, CA 91409 (iv) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.
If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Platforms, you may edit your registered user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Finally, please be aware that we do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-Out Page at http://www.networkadvertising.org/managing/opt_out.asp. Please note that even if you choose to remove your information (opt out), you will still see advertisements while you’re browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
The Platforms are not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
We take information security seriously and use certain reasonable security measures to help protect against the loss, misuse or alteration of your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Platforms and provide us with your information at your own risk.
The Platforms may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Platforms (including those linked to through an email or social networking page).
The Platforms are governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States. TOTD makes no representation that the Platforms are governed by or operated in accordance with the laws of any other nation. Given that we are an international business, our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Platforms, or providing us with any information, you (a) acknowledge that the Platforms are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
Please note, we may change, modify, add or remove information on the Platforms and/or this Privacy Statement, at any time without prior notice to you. Any changes will be effective immediately upon the posting of the revised Privacy Statement on the Platforms, and we encourage you to check back from time to time. However, TOTD will use your Personal Information in a manner consistent with the Privacy Statement in effect at the time you submitted the information, unless you consent to the new or revised policy.
If you have any questions or concerns about this Privacy Statement, the practices of the Platforms, or your experiences with the Platforms, please contact us at:
Attn: Privacy Questions
Take On The Day, LLC
P. O. Box 8120
Van Nuys, CA 91409
Please note that the recipients of these emails will not be able, in general, to answer concerns regarding on-air programming, promotions or other non-web related issues.