Last Updated: August 31, 2022
Conflict Between this Policy and Laws and Regulations
INFORMATION WE COLLECT
We collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:
- Identifiers such as name, profile identifier, IP address, device ID;
- Commercial Information such as transaction history, email sign-up date, email engagement statistics and preferences, survey/poll responses, sweepstakes and contest entries, contact information (mailing address, billing address, email address, phone number), and financial information (credit/debit card number, brand, and expiration date), content of correspondence with us;
- Internet and Other Electronic Network Information such as browsing/search history, approximate geolocation, and browser type;
- Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information such as call recordings, video or audio testimonials or stories, recordings of callers and participants in radio, television, and other multimedia performances;
- Professional or Employment-Related Information such as job title, employer;
- Inferences drawn from the above categories of Personal Information that relate to your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes (e.g., topical interests, engagement value).
We also collect and Personal Information as described in Cal. Civ. Code § 1798.80(e) to the same extent as the equivalent type of Personal Information listed above. For example, we collect name, which is a type of Identifer as listed above and is also a type of Personal Information in Cal. Civ. Code § 1798.80(e).
The specific Personal Information we collect about you may vary based on how you use the Sites and/or Services and your relationship with us.
We also collect information about businesses and their representatives that engage with us such as EIN, TIN, address, phone number, and email address (collectively, “Business Information”). This information is generally not considered Personal Information because it relates to a business.
Usage Data and Sites Activity
We automatically collect information in connection with the actions you take on the Sites (“Usage Data”). For example, each time you visit our website, we may automatically collect the type of web browser you use, the type of device you use, your operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, the number of clicks to, from, and within the Sites, and the duration of your visits to the Sites. If this information is reasonably capable of being associated with you, we treat it as Personal Information under the category Internet and Network Information. If this information is not reasonably capable of being individually associated with you, we treat it as Usage Data.
We may record calls and retain the content of text messages or other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.
HOW WE COLLECT INFORMATION
We may ask you to provide us with Personal Information when you communicate with us (online or offline), use the Sites, purchase Services, and at other times. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some or all of the features of the Sites or Services or we may not be able to fulfill your requested interaction.
Third-Party Data Sources
We may collect Personal Information from our business partners.
Cookies and Other Automated Tools
We use the following types of cookies:
- Advertising Cookies: Advertising cookies are used to learn more about you and advertise products/services that might interest you. We may also use information from advertising cookies to improve our marketing strategies.
Cookies remain on a user’s system for varying periods of time. Some only remain during a viewing session, others may remain for a year or longer.
We employ software technology that enables us to track certain aspects of a user’s visit to the Sites and engagement with emails. This technology helps us better manage content on the Sites by informing us what content is effective, how consumers engage with the Sites and emails, and how consumers arrive at and/or depart from the Sites. The software typically uses two methods to track user activity: (1) “tracking pixels” and (2) “clear gifs.” Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether a user has viewed a web page or email message. User activity information may be associated with additional information about a user’s session and Personal Information, if provided by the user.
Information from Advertisements
If you arrive at the Sites via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date, and time).
HOW WE USE AND SHARE INFORMATION
We use Personal Information for internal purposes, such as:
- Provide you with the Sites and Services including, without limitation, to produce content for the Sites, Services, and other media outlets such as radio, television, and Internet streaming services;
- Account creation, fulfillment, servicing and customer support: to create customer accounts, provide goods or services, keep customers informed about the status of their purchases and services, and respond to questions and address customers concerns;
- Marketing and market research: to send communications and offers and place advertisements for our products or services or third parties’ products, services, or campaigns, including offers based on consumers’ interests, perform analytics for market and consumer research, trend analysis, financial analysis, and anonymization of personal information;
- Surveys, promotional events, contests: to administer surveys, polls, sweepstakes, contests, and other promotional events;
- Other company communications: to provide consumers with information that may be of interest such as company newsletters, announcements, reminders, and service bulletins;
- Sites and Services use and analytics: to provide you with access to and use of our Sites and Services, analyze consumers’ use of our Sites and Services, including the use of third-party web analytics services which may utilize automated technologies to collect data (such as IP address, device configuration, and crash statistics);
- Business operations: to evaluate, develop, and improve business operations, products, and services offered, perform business administration, and conduct other normal business activities;
- Compliance: to comply with applicable legal requirements, government requests, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others; and
- Information security and fraud prevention: to operate information security and anti-fraud programs.
Testimonials and Stories
If you provide a testimonial or story, we may post it publicly on the Sites, Services, or in other advertising material. By providing a testimonial or story, you give us permission to use it in any manner and for any purpose, including in editorial content and marketing and advertising communications, without any compensation to you. Unless prohibited by applicable law, we may also use your likeness and story on the Sites, Services, or in other advertising material or editorial content in connection with your testimonial or story.
We may establish a relationship with other businesses to provide services to us which may include corporate affiliates (“Service Providers”), including for:
- Provision of the Sites and Services;
- Facilitating marketing and non-marketing communications;
- Marketing design and development;
- Business analytics (both marketing and non-marketing related);
- IT and network administration such as mobile application development, data storage and management, website hosting, and data security;
- Sweepstakes, contest, and promotional event design and administration;
- Payment processing;
- Professional services such as legal and accounting;
- Obtaining legal records;
- Collection of accounts; and
- Day-to-day business operations such as courier services, facilities management, and document destruction.
We only provide our Service Providers with the Personal Information necessary for them to perform these services on our behalf. Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service Providers are prohibited from using Personal Information other than as specified by us.
We may share the following types of Personal Information with one or more Service Providers: unique identifiers; contact information; commercial information; financial information; audio/visual information; Internet and network information; content of correspondence; inferences drawn from the foregoing categories of Personal Information.
You may also be asked to provide Personal Information directly to a Service Provider. For example, we may connect you with an online store and request that you provide Personal Information directly to them.
We do not sell your Personal Information to third parties for their own direct marketing purposes or for any other purpose.
OTHER PRIVACY AND SECURITY PROVISIONS
We recognize the importance of safeguarding the confidentiality of Personal Information from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect such Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Sites or Services, you do so at your own risk.
Other Websites & App Stores
Please be aware that third-party websites accessible through the Sites or recommended through our Services may have their own privacy and data collection policies and practices. We are not responsible for any actions, content of websites, or privacy policies of such third parties. You should check the applicable privacy policies of those third parties when providing information.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders, investigative demands, and subpoenas), to protect the safety, property, or rights of ourselves, consumers, or any other third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with law.
We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with us. If we are merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.
How Long We Retain Your Data
We retain your Personal Information for as long as we have a relationship with you. We also retain your Personal Information for a period of time after our relationship with you has ended where there is an ongoing business need to retain it. This includes retention to comply with our legal, regulatory, tax, and/or accounting obligations, to remarket to you, and to maintain our anti-fraud and security programs.
The Sites and Services are not intended for children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.
California “Do Not Track” Disclosure
Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Currently, our Sites and Services do not respond to “do not track” signals.
Mercury Radio Arts, Inc.
6301 Riverside Drive
Irving, Texas 75039
Tel: (212) 730-8660