[inlineadmarker inlinead_pos=0]Last Updated: March 11, 2011
A. Our Commitment to Privacy
MERCURY RADIO ARTS, INC. (“MRA”) realizes the importance of respecting and protecting your privacy.
B. Information MRA Collects
MRA collects the following types of information from users of the Site:
1. Personally Identifiable Information
· your name, address, phone number(s), e-mail address, date of birth, nationality and gender if you are a Registered User or are otherwise asked to provide such information;
· the e-mail addresses of those who post comments, stories, photos, videos and other content on the Site;
· the names and e-mail addresses of those who communicate with MRA by e-mail;
· the names, e-mail addresses and zip code of those who specifically opt-in to special offers;
· information you provide to MRA in surveys, in connection with contests or sweepstakes which MRA sponsors;
· information you provide to MRA in the entry form for some sweepstakes and contests offered on the Site or through Facebook and information provided by winners of those sweepstakes and contests for a required background check or for tax purposes;
· in certain circumstances, payment and identity verification information, such as credit card number, social security number (or comparable national identifier) and driver’s license number when needed for payment information in connection with a purchase made through the Site;
· information about your family or friends, including, but not limited to, the name, address, phone number(s), e-mail address, date of birth, nationality and gender of any family member or friend, that you provide in connection with your use of the Site or any feature thereof;
· information you provide about yourself, including, but not limited to your name, e-mail address, date of birth, nationality, gender and preferences, that you provide when you register; and
· information you provide about yourself when you post to the Site.
· if you choose to interact with the Site using Facebook Connect, we may collect information from your Facebook account through an automated connection to Facebook.
You can choose not to provide MRA with certain Personally Identifiable Information, but then you may not be able to take advantage of many features of the Site, such as posting comments, registering to use certain restricted areas of the Site, participating in MRA’s online community, entering a sweepstakes or contest on the Site or through Facebook, participating in various promotional opportunities or receiving e-mail alerts or newsletters.
2. Automatic Information
(a) Collected By MRA
MRA may receive and store certain types of information whenever you interact with MRA through the Site. We automatically receive and record your browser information, operating system information, IP address, cookie information and the page you requested. This information will not be stored in a manner that is personally identifiable with you and may include the following:
(1) Aggregate Information
MRA uses both “session” and “persistent” cookies on the Site. Session cookies are temporary bits of information that are erased once you exit your web browser or turn off your computer. Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of reasons, such as retrieving certain information you have previously provided (i.e., username and password), helping to determine what areas of the Site you find most valuable and customizing the Site based on your preferences on an ongoing basis.
Many companies offer programs that help you to visit web sites anonymously. While MRA will not be able to provide you with a personalized experience if MRA cannot recognize you, MRA wants you to be aware that these programs are available.
(3) Web Beacons
During your use of the Site, you may encounter Web Beacons, which may come from MRA or from third parties that advertise or provide content on the Site. A “Web Beacon” (sometimes also called a “web bug” or “clear gif”) is a small graphic image in a web page, a web-based document or an e-mail message that generally allows the party that set the Web Beacon to monitor certain information about the viewer of the web page, web-based document or e-mail message and may allow access to certain cookies. Web Beacons are usually invisible to the user because they are very small (generally 1-by-1 pixel). In general, however, any electronic image viewed as part of a web page, including an advertisement, can act as a Web Beacon. Web Beacons on the Site typically collect the URL of the page from which the Web Beacon originates, the type of browser requesting the Web Beacon, the IP address of the computer to which the Web Beacon is sent and the time that the Web Beacon was viewed. Certain Web Beacons used by third party advertisers or content providers may collect information that allows such third parties to determine how many people are viewing and/or clicking on certain advertisements or viewing certain content for purposes of helping these parties serve and manage their advertisements and content. These Web Beacons do not collect or store Personally Identifiable Information but they may, however, be used in conjunction with cookies to identify certain aggregate information about users.
(4) E-mail Communications
When you send an e-mail to MRA, either through the <Contact Us> button on the Site or otherwise, MRA may retain your e-mail address and the contents of the e-mail that you send. If you want to keep the information in your e-mail(s) or posting(s) private or proprietary, please do not send such information in an e-mail or otherwise post such information to MRA. To help MRA make its e-mails more interesting and helpful, MRA also may receive a confirmation when you open an e-mail from MRA if your computer supports this type of program.
(b) Information Collected by Third Parties
MRA may allow third parties to display advertisements on the Site. MRA and these third parties may use tracking technologies, such as cookies and Web Beacons, to collect information about users who view or interact with these advertisements and connect to the Site.
(1) Ad Servers
MRA, its partners and/or advertisers may use third party ad servers to serve or present the ads that appear on the Site and to conduct research about the advertisements. Any of these ad servers may collect non-personal information, such as your browser, operating system, date/time of viewing, IP address and clickstream data. MRA cannot control the activities of such advertisers or web sites. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH AD SERVERS.
C. How MRA Uses Information
1. Public Areas
The Site offers the ability to forward content to another person via e-mail. If you use this service, MRA will use the recipient’s e-mail address in order to send the content and MRA will also ask for your e-mail address MRA does not use the recipient’s e-mail address for any other purpose unless the recipient gives MRA permission to do so.
2. Registered User Areas
If you have access to certain areas of the Site because you are a Registered User (“Registered User Areas”), the Registered User Areas may contain groups, discussions, member profiles, comment areas, blogs and similar areas where Registered Users can share information about themselves and their opinions, as well as post questions. Information you post to a Registered User Area may be viewed, accessed, or collected by, or disclosed to, other Registered Users and may be used by other Registered Users in ways neither you nor MRA are able to control or predict, including, without limitation, disclosure of your information to the public or to contact you for unauthorized purposes. MRA uses the Personally Identifiable Information you provide when registering to become a Registered User to send you MRA publications, information about Registered User benefits and special offers, features included in the Registered User Areas and other information that MRA believes is relevant and useful to its Registered Users. By using the Registered User Areas, you hereby acknowledge and agree that any information you share in a Registered User Area (including, without limitation, Personally Identifiable Information) is available to other Registered Users and to MRA for use as provided herein.
If you register to become a Registered User of the Site, the information that you provide to MRA may be stored in one or more profiles. These profiles, or a portion thereof, may be viewed by other Users of the Site, including, but not limited to those who are not Registered Users of the Site.
If you register at any of the Site, you may choose to receive a newsletter via e-mail from MRA which may include information such as highlights from different areas on the Site and information about new features. You can unsubscribe from the newsletter at any time by clicking on the “unsubscribe” link at the bottom of any e-mail newsletter sent to you and following the instructions. You also may unsubscribe at any time by logging in to the applicable Site where you created your profile and changing your preferences.
5. Aggregate Information
The aggregate information collected by MRA also is used to create profiles of the audience for the Site that include anonymous statistical demographic information but no Personally Identifiable Information. This aggregated information is used to, among other things, determine trends and needs and supply market research to potential advertisers and partners to help them understand the Site’s audiences. For example, MRA may create a report that tells advertisers that thirty percent of MRA’s Registered Users are males under forty years, so that they can determine which of their products or services are most appropriate for MRA’s Registered Users.
D. With Whom MRA Shares Information
MRA reserves the right to use your Personally Identifiable Information to send you periodic e-mailings with information on new products and services, updates to MRA’s Site or upcoming events.
If you “opt in” to receive information about identified advertisers or their services or products, MRA may share your Personally Identifiable Information with them. If you have questions about how these companies use your Personally Identifiable Information, MRA encourages you to review and understand their respective privacy policies. You may at any time “opt out” of having your Personally Identifiable Information as part of MRA’s marketing mailing list or otherwise (see “Opting Out” below).
From time to time, in MRA’s sole discretion, MRA may use your Personally Identifiable Information to send you important administrative information regarding the Site and related services or changes to MRA’s Terms and policies. Because this information may be important to your use of the Site and related services, you may not opt out of receiving such communications.
If you interact with the Site through Facebook, MRA may share information with Facebook and other users of Facebook. In connection with contests, sweepstakes and games, MRA may publicize the identity and entries of the winners and other participants.
1. Fulfillment of Services
2. Sweepstakes, Contests and Editorial Uses
Often times, sweepstakes, contests and giveaways (together, “Contests”) offered on the Site are sponsored by unaffiliated third parties. Information that you provide as part of an entry into a Contest sponsored by an unaffiliated third party will be shared with the sponsor if MRA advises you of such in the Contest’s official rules. Some Contests also may require consent to the release of information contained within the entry form for background check purposes or tax purposes if you become a winner. You should carefully review the official rules of each Contest that you enter as they may contain additional important information about MRA’s or the Contest sponsor’s use of your Personally Identifiable Information.
MRA also may use your Personally Identifiable Information in response to a solicitation for editorial, online and/or on-air purposes and for marketing and promotional purposes in connection with such solicitation. If such information is used online, on a mobile application or in a telecast, no Personally Identifiable Information, other than name, city and state, will be disclosed without your specific consent.
3. Compliance with Law and Fraud Protection
4. Sale or Transfer of Information
In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of MRA or the Site, personal Information and/or other information collected about you from the Site may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of MRA or the Site in order to permit the party to continue the operation of the Site, including the Registered User Areas. Subject to your ability to opt-out, you consent to the sale and transfer of your information as described in this paragraph.
5. Accessing, Updating or Deleting your Personally Identifiable Information
If you are a Registered User and would like to review, update or delete your profile, please log in to and select the profile in which you would like to review, modify or delete information (i.e., the Personally Identifiable Information you have provided to us).
6. Opting Out
MRA respects the privacy of your Personally Identifiable Information. If you tell MRA that you do not wish to have this information used as a basis for further contact with you, MRA will respect your wishes. You also may choose not to provide MRA with certain information, but that may result in you being unable to use certain features of the Site.
You may instruct MRA to stop sending you certain promotional materials (e.g., e-mail messages, newsletters, postcards and letters) by following the unsubscribe instructions provided in those materials. MRA may, however, continue to contact you to provide service to your account. Please note that if you use more than one name or e-mail address when communicating with MRA or participating on the Site, you may continue to receive communications from MRA to any name and/or e-mail address which you have not specified in your opt-out request.
MRA provides you with the following options for removing your Personally Identifiable Information from MRA’s database for marketing purposes:
1. You can send an email to email@example.com; or
2. You can send mail to the following postal address:
Mercury Radio Arts, Inc., 1270 Avenue of the Americas, 9th Floor, New York, New York 10020
E. Important Disclosures, Practices and Contact Information
1. Third Party Links
The Site contains links to third-party web sites. Please be aware that MRA cannot control and is not responsible for the information collection practices of such web sites, which may differ from those of MRA. MRA encourages you to review and understand the privacy policies of these web sites before providing any information to them.
2. Interactive Features
The Site may make groups, discussions, chat rooms, forums and message boards available to users (see “Public Areas” described above). While you are required to register with the Site to post in these areas, you are not required to provide any Personally Identifiable Information when using these areas but you may choose to do so. If you post Personally Identifiable Information online, it will be publicly available and you may receive unsolicited messages from other parties. MRA cannot ensure the security of any information that you choose to make public in a group, discussion, chat room, forum or message board. Also, MRA cannot ensure that parties who have access to such Personally Identifiable Information will respect your privacy. Please exercise caution when deciding to disclose Personally Identifiable Information in these areas.
3. Data Security
MRA maintains a variety of commercially reasonable physical, electronic and procedural safeguards designed to protect your Personally Identifiable Information from unauthorized access and disclosure. For example, MRA uses accepted tools and techniques to protect against unauthorized access to MRA’s systems. You should be aware that MRA has no control over the security of other sites on the Internet that you might visit or with which you might interact even when a link may appear to another site from one of the Site.
MRA wants you to feel confident using the Site but no system can be completely secure. Therefore, although MRA takes steps to secure your information, MRA does not promise, and you should not expect, that your personal information, searches or other communications will always remain secure.
The Site is a general audience site and is not intended for children under 13. MRA requires that only persons 13 years of age or older use any of the Site. By using the Site, you hereby represent that you are at least 13 years old. MRA does not knowingly market to, solicit information, accept service or collect information from children under the age of 13. If MRA becomes aware that it inadvertently received personal information from a visitor under the age of 13 on the Site, MRA will delete the information from its records.
6. California Privacy Rights Under California Civil Code Section 1798.83
Please note that MRA is only required to respond to one request per customer each year. MRA is not required to respond to requests made by means other than through this e-mail address: firstname.lastname@example.org.
7. Users From Outside the United States
The Site is controlled and operated by MRA from the United States. MRA does not represent or warrant that the Site, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and/or services related thereto and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. MRA may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that MRA chooses, at any time and in MRA’s sole discretion.
8. No Rights of Third Parties
9. Contacting MRA
· Mercury Radio Arts, Inc., 1270 Avenue of the Americas, 9th Floor, New York, New York 10020,
· Email: email@example.com