Last Revised December 7th, 2010:
The Myspace Website is a general audience site and does not knowingly collect PII from children under 13 years of age.
COLLECTION AND SUBMISSION OF PII AND NON-PII ON MYSPACE
General. When Myspace collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Member of Myspace. Myspace may also collect PII from you if you choose to participate in Myspace Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to MySpace for review.
In addition, Myspace collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the Myspace Services, track usage, and for security purposes.
MySpace Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Member’s profile is provided at his or her sole discretion.
Myspace Members can change their Registration PII and Profile Information at any time and can control how Visitors, other Members and Myspace communicate with them by controlling their account settings, available within the “Edit Profile” portion of their Myspace profile. Link to Privacy Settings.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the Myspace Services.
NOTICE: MYSPACE WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES
Some of the advertisements that appear on Myspace Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of Myspace Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please click here.
Third party applications (such as widgets) created by third party developers may also be available on the Myspace Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, Myspace does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with Myspace. Myspace encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.
CHOICE: MYSPACE WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII
USE: MYSPACE'S USE OF PII
In order to locate other Myspace Members that you may already know in the physical world, Myspace allows Users to search for Members using Registration PII (i.e., full name or email address). Myspace also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked). Myspace may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via a profile setting under “Edit Profile.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.
If you have consented to receive promotional materials (e.g., newsletters) or notifications from Myspace, Myspace may periodically use your email address to send you such materials related to the Myspace Services, as applicable. If you want to stop receiving such materials from Myspace, you can change your profile settings under “Account Settings,” or follow the unsubscribe instructions at the bottom of each email.
Myspace employees, agents and contractors must have a business reason to obtain access to your PII. Myspace may share your PII with those who help us manage or provide Myspace Services’ information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes.
These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide Myspace with a specific service and not for any other purpose. Myspace may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. Myspace also may share your PII with Affiliated Companies if it has a business reason to do so.
As described in “Notice” above, Myspace may customize the advertising and marketing messages you receive on the Myspace Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. Myspace prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with Myspace’s advertisers and business partners.
There may be instances when Myspace may access or disclose PII, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of Myspace, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Myspace Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if Myspace sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Myspace may transfer your PII to the party or parties involved in the transaction as part of that transaction.
When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. Myspace is not responsible under the EU local data protection laws for Member-posted information.
SECURITY: MYSPACE PROTECTS THE SECURITY OF PII
Myspace uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, Myspace uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
Safe Harbor. MySpace complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from EU member countries. MySpace has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/
MySpace has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU Safe Harbor, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by MySpace, you may contact:
ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PII AND HOW TO CONTACT MYSPACE ABOUT PRIVACY CONCERNS
Whenever possible, Myspace Members may review the Registration PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.”
If you ask Myspace to stop using your PII, Myspace will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state or local law.
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