Date of Last Revision: June 11, 2013
The Howard Stern Production Company, Inc. respects and protects the privacy of our users.
Minors Prohibitied: The Site is not directed to individuals under the age of eighteen (18), if you are under the age of eighteen (18) you are not authorized to access or use the Site.
NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
Information You Provide
Personally Identifiable Information
Personally Identifiable Information is information that identifies a specific user, such as your first and last name, home address (including zip code), email address, telephone number, date of birth, and gender. Personally Identifiable Information also includes credit card billing information that you may provide to purchase merchandise. When you register for a user account or engage in certain activities on the Site, we may ask you to provide certain Personally Identifiable Information about yourself. Depending on the activity, some of the information we ask you to provide is mandatory and some is voluntary. If you do not provide the mandatory information for a particular activity requiring disclosure of such information, you will not be permitted to engage in that activity. Examples of activities in which we collect Personally Identifiable Information on the Site include but are not limited to (1) registering for a user account, (2) requesting newsletters or other communications, (3) purchasing merchandise, (4) submitting Your Content, as that term is defined in our Terms of Service, and (5) contests, sweepstakes and promotions. You may also post certain public content, such as testimonials, forum posts, and comments, to our Site. Any such content you post may be viewable by the general public and is governed by our Terms of Service.
Non-Personally Identifiable Information
Non-Personally Identifiable Information is information that does not identify a specific user. This type of information may include the Uniform Resource Locator (“URL”) of the website you visited before coming to our Site, the URL of the website you visit after leaving our Site, the type of browser you are using and your Internet Protocol (“IP”) address. We may automatically collect this information when you visit our Site through the use of electronic tools like cookies and web beacons or pixel tags.
We may collect IP addresses or click-stream data for purposes of system administration, to improve our Site, and to report aggregate information internally or to sponsors. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request pages from our Site, our computers log your IP address.
Click-stream data is information collected by our computers when you request pages from our Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us determine, among other things, how visitors arrive at our Site, what type of content is most popular, and what type of visitors in the aggregate are interested in particular kinds of content and advertising.
Information Provided Through Social Network Platforms
If you access our services on a “social network platform” (including, but not limited to, Facebook and Twitter), we will access and store the information explicitly allowed by the social network platform by their Terms of Service, once you give us permission to do so, through an interface provided by the social network platform. HSP activities that may be accessible via a social network platform include sweepstakes, contests, promotions, games, forums, and other activities that may be available on the Site. If you have registered for a HSP account, the information provided to us by social network platforms may be associated and stored with your HSP account information. As we do not have control over the user interface provided by social network platforms, we do not take any responsibility for any changes or problems with the interface or exchange of information provided by any of these social network platforms.
How We Use Your Information
When you purchase a product or service on our Site, you grant us permission to access your billing information. This Personally Identifiable Information for billing is stored on a secure server. We will use your Personally Identifiable Information to send you information concerning your product purchase, including a confirmation email and any notices about problems with your payment method. Personally Identifiable Information provided as part of a purchase you make from us is only used as necessary to complete the transaction and to provide you with tools to manage and monitor your transactions.
We use Non-Personally Identifiable Information to troubleshoot technical issues, administer the Site, analyze trends, gather demographic information, comply with applicable laws, and cooperate with law enforcement activities. We may also share this information with our authorized third-party service providers and advertisers in order to measure the overall effectiveness of our online advertising, content, and programming.
Disclosure of Personally Identifiable Information
We will not share your Personally Identifiable Information with third-parties without your permission except in the following situations:
• to enforce our Terms of Service;
• if we believe in good faith that it is required by law enforcement or judicial authorities, or if it is necessary to comply with other legal requirements;
• if it is necessary to respond to an emergency that we believe involves potential threats to the safety of persons or property;
• to prevent or investigate suspected fraud, illegal activity, violations of our Terms of Service, or activity that we believe in good faith may expose us to legal liability;
• to provide information to trusted third-party service providers for the sole purpose of processing Personally Identifiable Information in connection with the completion of a purchase from us;
• to enable trusted third-parties that provide services on our behalf or with whom we have collaborated to offer a particular service; or
• during any merger, acquisition, or transfer of substantially all our assets, or during negotiations for such an event.
We encourage our trusted third-party service providers to adopt and post privacy policies that offer the same level of protection of your Personally Identifiable Information. However, the use of your Personally Identifiable Information by such parties is controlled by those parties and thus, not subject to our control.
Disclosure of Non-Personally Identifiable Information
We may disclose or share Non-Personally Identifiable Information with our partners, affiliates and advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with “third-party advertisers” and other parties as provided herein.
We may use trusted third-party service providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our users to administer our Site and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for advertisers. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our users. Such data is collected on our behalf, and is owned and used by us.
Our Security Procedures
We have implemented security measures to protect your Personally Identifiable Information from loss, misuse, and alteration. We use industry-standard practices to safeguard the confidentiality of your Personally Identifiable Information. You can access your Personally Identifiable Information on our Site through your HSP account login and password. We recommend that you do not share your password with anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information (such as credit card information) using Secure Socket Layer (SSL) technology to ensure that your Personally Identifiable Information is safe as it is transmitted to us.
Perfect security, however, does not exist on the Internet. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Site. We are also not responsible for any information you share with other users of our Site or with third-parties, including advertisers, sponsors, or partners who are linked on our Site.
Your Control of Personally Identifiable Information
You may limit the collection and use of different elements of your Personally Identifiable Information by not participating in those activities for which we collect Personally Identifiable Information, as described above. You may choose to discontinue the collection, use, and disclosure of your Personally Identifiable Information by limiting or discontinuing your use of our Site.
We believe that you should have the ability to edit the Personally Identifiable Information you provide to us. You can access and update your Personally Identifiable Information by logging into our Site and modifying your HSP profile. You may delete your account and opt out of any further communications from us by either:
• clicking on the links provided in our email communications for that purpose; or
• sending an email request to [email address].
You agree to maintain accurate contact information and to promptly update your Personally Identifiable Information if it changes. You may ask to have the information in your HSP account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions (i.e., purchases) on the Site. In addition, it may be impossible for us to completely delete all of your information because we periodically backup the Site information stored on our servers.
The Site is only intended for individuals at least 18 years old who have the legal capacity to validly enter into a contract. If you are under the age of 18, you are not authorized to access or use our Site. In compliance with the Children’s Online Privacy Protection Act, we will not knowingly permit persons under the age of 13 to provide Personally Identifiable Information to us. If we later learn that you are under the age of 13, we will take appropriate steps to remove your Personally Identifiable Information from our database and restrict you from accessing our Site. We do not knowingly collect personal information from anyone under the age of 13, and no part of the Site is designed or intended to attract anyone under the age of 13. We do not sell products for purchase by children. We do not knowingly provide any Personally Identifiable Information about minors under the age of 13, regardless of its source, to third parties, nor is such information knowingly used by us for any marketing or promotional purposes.
Any parent of a minor child who has improperly registered to use our Site or otherwise provided Personally Identifiable Information to the Site may contact us at any time to request removal of his/her child’s Personally Identifiable Information. To make such a request, please send us an email at [email address] with “Parental Review Request” in the subject line of the message and include the following:
• your child’s first name and last initial, username and password;
• your first and last name;
• your email address;
• a statement detailing your exact request (i.e., whether you would like your child’s Personally Identifiable Information deleted from our servers, and/or whether you would like us to prohibit your child from re-registering with the Services and/or providing us with any further Personally Identifiable Information at a later date); and
• a statement by you, certifying that you are the parent or legal guardian of the child whose information you are requesting.
We will respond to all such requests and inform the parent of our compliance with his/her request as soon as is commercially practicable, but typically within 3 business days.
Communications to or from our Site
WE MAKE NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THE WEBSITE. You acknowledge that any content you post on the Site is a public and not a private communication. Others may read and view your communication without your knowledge.
We do not control or endorse the content, messages or information posted by third-party users. We will not be liable for the privacy of any of your or any other third-party postings to the Site and specifically disclaim any liability resulting from such postings and communications, including any objectionable content.
Limitation of Liability
By providing us with any Personally Identifiable Information, you expressly and unconditionally release and hold harmless Howard Stern Production, Inc. and each of its subsidiaries, affiliates, directors, officers, employees and agents (collectively, the "Releasees") from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use or misuse of the collected Personally Identifiable Information, as further detailed in our Terms of Service. In addition, while we take efforts to ensure the appropriate use of data provided to third-party companies, promotional partners, or vendors, the Releasees are not liable for any injuries, loss, or damage of any kind arising from or in connection with the use or misuse of your collected Personally Identifiable Information by any third-parties.
Jason Kaplan, 1221 Avenue of the Americas, 36th Floor, New York, NY 10020