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TvTxtr Privacy Policy

Effective Date: October 5, 2009


TVTxtr LLC (“TVTxtr” “we” or “us”) operates the TVTxtr website located at tvtxtr.com and the various websites affiliated with a TVTxtr content channel (collectively the “Websites”), and the various associated entertainment services available online or via text messaging (“Services”). This notice outlines the privacy policies associated with the Websites. By visiting the Websites, you are accepting the practices described in this privacy policy (“Privacy Policy”). This Privacy Policy covers our treatment of Personal Information that we collect when you: (a) visit one of the Websites; (b) register for one of the Services; and/or (c) enter any of the various drawings and/or sweepstakes that we may offer from time to time in our exclusive discretion via mobile telephone, the Websites or a mail-in entry (“Sweepstakes”). It is important that visitors are fully informed about the use of their Personal Information. We believe in 100% permission-based marketing. If you are a resident of the State of California and would like to opt-out from the disclosure of your Personal Information to any third party for marketing purposes, please e-mail us at: DOND@TVTxtr.com. Please be advised that where California residents opt-out from permitting their Personal Information to be shared, such individuals may still receive selected offers directly from us, in accordance with the law.

When you register on one of our Websites, you hereby agree and acknowledge that your Personal Information will be placed into the TVTxtr database and that your Personal Information may be shared with third parties for marketing purposes.

Cookies

To enhance your experience with our Websites, we may use “cookies” on the Websites. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser to enable our systems to recognize your browser and to provide features. Cookies, by themselves, do not collect personally identifiable information. We use cookies to understand Website usage and to improve the content and offerings on our Websites. For example, we may use cookies to personalize your experience at one of our Websites (e.g., to recognize you when you return to one of our Websites). To learn more about cookies, including how to disable them, please visit www.cookiecentral.com. However, certain areas of our Websites can be accessed only in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.

Website Visitors

We may collect certain non-personally identifiable information when you visit many of our Website pages, such as the type of browser you are using (e.g., Internet Explorer, Firefox), the type of operating system you are using, (e.g., Windows 2003 or Mac OS), and the domain name of your Internet service provider (e.g., America Online, Earthlink).

Personal Information We Collect From You

By registering with, or providing personally identifiable information to one of our Websites, as well as providing permission to receive marketing offers, users allow us and our affiliates to make their personally identifiable information available to third parties in accordance with the terms of this Privacy Policy. While you are on one of our Websites, or via your mobile telephone, we may collect “Personal Information” from you in connection with various aspects of our Websites and Services. For the purposes of this Privacy Policy, Personal Information shall include the following information that is collected in connection with the provision of Services and Sweepstakes as set forth in the two paragraphs below:

Service

In connection with registering for a Premium Membership on one of our Services, we require your mobile telephone number. Premium Members will also need to log in to the Website associated with the Service to which they have subscribed using a user ID and password we provide in order to activate their Sweepstakes entries unless their carrier permits automatic activation. If you register on one of our Websites for a Basic Membership or if your Premium Membership is converted into a Basic Membership, we require that you provide your email address. On our MyProfile page we ask our Members to provide their: (a) first and last name; (b) home address; (c) email address; (d) home and mobile telephone number; (e) date of birth; (f) time zone; (g) screen name; (h) an icon or photograph; (i) a personal quote; and/or (j) any other information from or about an individual that we may request from time to time. This information is not required in order to complete registration. We also collect your IP address when you register. We refer to information that identifies you such as your name, cell phone number, email address and home address as “Personally Identifiable Information” in this Privacy Policy.

Sweepstakes

If you are not a Member and you mail in an entry for a given Sweepstakes, we collect your name and mailing address, home or cell phone number, and Sweepstakes ID when you enter the Sweepstakes. We do not collect Social Security Numbers unless you are a Sweepstakes winner. If you win one of our Sweepstakes, you will be required to provide your mailing address if we have not already collected it and the following additional personal information (please see the applicable Sweepstakes Rules for additional details): (i) Social Security Number; and (ii) a copy of a government issued photo identification. If you win one of our Sweepstakes, we also require that you complete and submit a release which allows us to identify you as a winner on one of our Websites and in other promotional materials. We may also ask you for an optional quote and a photograph.

How We Use Personal Information

Any Personal Information that you submit to us remains your property. However, we may use such Personal Information in any way to administer the Websites, Services, and Sweepstakes including, but not limited to, processing your entry into any Sweepstakes that may be made available by TVTxtr, sending notices relating to the start of games or the availability of other parts of the Services and expiring Sweepstakes entries and other information to your mobile telephone via text-messaging, email address or phone call, processing billing and refunds, fulfillment of Sweepstakes prizes and posting your User ID and score in connection with interactive elements of a Service you have used. In addition, we may use such Personal Information, other than your Social Security Number, to contact you about programs, products, features or services that we believe you may be interested in (such as future promotional materials) or for other purposes disclosed from time-to-time. We also may use your Personal Information to contact you regarding your use of our Websites or changes to our Privacy Policy, the TVTxtr Member Terms and Conditions (“Terms and Conditions”) or other policies or terms that affect you and your use of our Websites and/or Services. In addition, we may use information collected about our users to improve the content and navigation of our Websites, or for other internal purposes.

We may, from time-to-time, supplement the information we collect from you with outside records (e.g., information we obtain from other companies, including wireless providers) 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.

By submitting your Personal Information to us, you grant us the right, subject to applicable state and federal law, to use that Personal Information, other than your Social Security Number, for marketing purposes. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all Personal Information with/to any third-party for any and all uses permitted by this Privacy Policy and applicable law. These third-parties may include: (a) providers of the products and/or service that you requested and/or won by and through one of our Websites and/or Services; (b) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (c) text-message and mobile telephone marketers; (d) e-mail marketers; (e) telemarketers; and (f) direct marketers. Without limiting the generality of the foregoing, we may also use your Personal Information for any Sweepstakes-related purpose including, but not limited to, disclosing such Personal Information to third-party agents and independent contractors that help us operate any Sweepstakes.

We will also use your Personal Information for customer service, to provide you with information that you may request, to customize your experience on one of the Websites and/or to contact you when necessary in connection with transactions entered into by you on a Website. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of one of our Websites, Sweepstakes and/or Services. We may also use your Personal Information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you, other than you Social Security Number, with information from other sources.

In addition, we may disclose Personal Information collected from current or past users in the following instances: (a) in the event that we believe a Website, Sweepstakes and/or Service is/are being used or has been used in violation of this Privacy Policy, our Terms and Conditions, Official Sweepstakes Rules and/or to commit unlawful acts; (b) if we are sold or acquired or where we deem it necessary or appropriate; and (c) when requested by governmental or quasi-governmental authorities conducting an investigation, hearing or the like and/or if the information is subpoenaed.

By agreeing to this Privacy Policy, you hereby consent to disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the requirements of the CAN-SPAM Act of 2003, as amended from time-to-time.

In addition, by submitting your Personal Information at one of our Websites or via mobile device, you agree to receive email marketing from TVTxtr and our third party advertisers. You agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). Notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, making a purchase from, or requesting information from, a third party seller at or through one of our Websites, such action shall constitute a purchase, an inquiry and/or an application with the respective third party seller for purposes of the ATSR and you may be contacted via e-mail, direct mail and/or telephone by such third party seller in accordance with the ATSR.

In addition, by submitting your personal information to TVTxtr, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our third-party advertisers and marketers. Notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone number and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.

How We Use Demographic Information and Aggregate Data

We use demographic information to tailor the Websites to the interests of our users. Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.

We reserve the right to provide aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or characteristics of our participants as a group, without disclosing personally identifiable information. By opening an account with us, you agree to allow us to provide such aggregate data to third parties. By agreeing to the terms of this Privacy Policy, you hereby consent to the disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate.

Other Websites

Our Websites may contain links to other third-party owned and/or operated websites. TVTxtr is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such websites. These third-party websites have separate privacy and data collection practices and TVTxtr has no responsibility or liability relating to them.

Our Security Precautions

We endeavor to safeguard and protect our users' Personal Information. When users submit Personal Information at one of our Websites, their information is protected both online and off-line. The privacy of your Personal Information is very important to us. The servers that we store Personal Information in are kept in a secure physical environment. When our registration/Sweepstakes fulfillment process asks users to enter sensitive information (such as Social Security Number), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also take commercially reasonable steps in conformance with industry norms to protect user information off-line. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information will be absolutely secure. Any transmission of data at or through our Websites is at your own risk. However, access to your information is strictly limited, and not accessible to the public. All of our users' Personal Information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

No information should be submitted to, or posted at, a Website by visitors under eighteen (18) years of age without parental consent, and we do not knowingly collect Personal Information from such individuals without parental consent. The Websites and/or Services is/are not for use by individuals under the age of thirteen (13); provided, however, that if you are over the age of thirteen (13) but under eighteen (18) years of age, you may use a Website and/or Service, but only where you have a parent’s consent. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Removal of Your Information/Opting Out

At your request, we will remove Personal Information that you have provided to us. You may do so by e-mailing us at DOND@TVTxtr.com. However, deleting your Personal Information or otherwise opting-out of receipt of communications from us or third parties will only change or delete the data in our database for purposes of transacting future business on the Websites and for managing future communications from us and third parties. These deletions will not change or delete Personal Information already collected as part of a particular transaction in our database, which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact third parties who may contact you directly to change your preferences or your personal information that they may be using to contact you.

We provide users with the option to opt-out from receiving information sent via e-mail and/or text messaging on behalf of third party advertisers. Users may unsubscribe from receiving e-mails and/or text messaging at any time by following the instructions contained at the end of every e-mail and/or text message, as applicable. Unsubscribe requests can only be processed if you have registered with us in the first instance. If you have not registered with us and wish to opt out of receiving e-mails and/or text messaging, as applicable, from a particular sender, please consult that sender’s opt out policies or contact that sender.

Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail and/or text messaging from us for up to ten (10) days following the unsubscribe procedures detailed above. If, after that point, a user is still receiving e-mail and/or text messaging from us, the user should contact us at DOND@TVTxtr.com.

Your Acceptance of These Terms

By using one of our Websites including, without limitation, signing up for offers and/or continuing to receive information from us, you agree to the terms of our Privacy Policy. We reserve the right, at our discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. All Privacy Policy changes will take effect immediately upon their posting on a Website. Please check this page periodically for changes. Your continued use of the Website or acceptance of our e-mails and/or text messaging following the posting of changes to these terms will mean that you accept these changes and agree to continue receiving e-mails and/or text messaging from us. If you do not agree to the terms of this Privacy Policy, please unsubscribe by clicking here.

Contacting Us About Privacy Questions or Concerns

If you have any questions about this Privacy Policy, the Services, Sweepstakes and/or practices of one of our Websites or your dealings with the Website, you may obtain support at any time through our Websites at TVTxtr.com/support, via email at DOND@TVTxtr.com, or at 800-217-5701. You may also text “HELP” to 71234 at any time to receive summary information about your TVTxtr account and instructions on how to access customer service.