Effective as of January 11, 2010.
Fox Sports Interactive Media, LLC ("Fox," "we," "us") is part of the News America Group, which has adopted a set of Privacy Principles (the "Principles") (http://www.newscorp.com/privacy.html) applicable to all its U.S.-based companies. Fox has implemented those Principles in this privacy policy (the "Privacy Policy"), which describes how we collect, use and share personally identifiable information (such as your full name, email address or mobile number) ("PII") we obtain online and offline from and about individuals located in the U.S.
The Whatifsports.com web site (http://www.whatifsports.com) (the "Site") is a general audience web site, and we do not knowingly collect PII from children under 13 years of age. All PII collected on the Site is jointly owned by Fox and Microsoft Online, Inc. ("MSN").
Our Privacy Policy applies to "Visitors," which means that you simply browse the Site, "Subscribers," which means that you have subscribed to: (i) receive one or more Fox newsletter, email alerts or partner emails; and/or (ii) participate in one or more SimLeague; and/or (iii) participate in one or more Dynasty Game (the SimLeague and Dynasty Games may be collectively referred to as the "Games"), and "Members," which means that you have registered with Fox. The term "User" refers to a Visitor, Subscriber or a Member. By using the Site, you signify your agreement with all the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Our Privacy Policy does not apply to those web sites that do not display or link to this Privacy Policy or that have their own privacy statements.
From time to time Fox may revise this Privacy Policy to reflect industry initiatives or changes in the law, our PII collection and use practices or the features of the Site or technology. If we make revisions that change the way we collect or use your PII, Fox will post those changes in this Privacy Policy and the effective date will be noted at the beginning of such Privacy Policy. Your continued use of the Site after Fox posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If Fox materially changes its practices regarding collection or use of your PII, your PII will continue to be governed by the Privacy Policy under which it was collected unless you have been provided notice of, and have not objected to, the change. In the event the last e-mail address you provided to us is not valid or is not capable of delivering the notice to you, Fox's dispatch of an e-mail containing the notice to that e-mail address shall nonetheless constitute effective notice.
Because the Fox services are hosted in the United States, if you are a User located outside the United States, you understand and consent to having any PII and non-PII you provide transferred to and processed in the United States. The data protection and other laws of other countries, such as the United States, may not be the same as those in your jurisdiction. As a result, please read this Privacy Policy with care.
A. COLLECTION: COLLECTION OF PII AND NON-PII BY FOX
1. General. When Fox collects PII from you it is because you are voluntarily submitting PII to us in order to register as a Member or a Subscriber. Fox may also collect PII from you so that you can participate in activities like creating a personal profile ("Your Profile"), sweepstakes, contests, Games, surveys, forums, in connection with content or suggestions you submit to us, or because you want us to furnish you with products, services or information. We may also obtain PII from reputable third parties or supplement PII that we have collected directly from our Users with additional PII or non-PII from reputable third parties.
In addition, Fox collects non-PII including, without limitation, IP address, aggregate user data, and browser type. This data is used to manage and improve the Fox services, track usage, and for security purposes. You may also choose to voluntarily provide or store non-PII in Your Profile (as described in Section A.1 (a) below) or on message boards or other public forums, including but not limited to, text, files, images, photos, video, musical works, works of authorship, personal statements, comments or any other materials (collectively "Content") that you choose to post to the Site (Content posted by any User is "User Content"). If you choose to store your Profile Information (as defined below in Section A (1) (a), User Content or any PII on Your Profile, or provide any User Content on message boards or other public forums provided on the Site, you do so at your sole discretion and risk.
Members can change their Registration Data (as defined below in Section A(1)(a)) and Your Profile information at any time and can control how Users and Fox communicate with them by controlling their account settings, available within the "Update Account Information" portion of the Account Member Information section located in My Locker.
Fox collects information from you at several different points on the Site in the manner set forth below:
(a). Member Registration and Your Profile: In order to access certain information and services on the Site, you must first register to become a Member by completing the Fox registration credentials. If you choose to register to become a Member, during the Member registration process you will be required to provide registration data, which may include PII such as your full name and e-mail address (such PII is the "Registration PII") and non-PII such as a password ("Registration Non-PII," collectively with Registration PII, the "Registration Data"). During the registration process you will also be required to create a "User Name." The User Name you provide will automatically be incorporated into Your Profile and will be made public. Please choose your User Name carefully; if you do not want your full name to be public, do not use it as your User Name.
You may also choose to voluntarily provide or store PII (such as your first and last name), non-PII and User Content in Your Profile (such information is your "Profile Information"). Your User Name and the Profile Information you include in Your Profile will automatically be made public and you provide it at your own discretion and risk.
Important Information about Changing and Updating Your Profile: If Your Profile information changes, you may correct, update, edit, or remove it. You can edit Your Profile information by going to the My Locker section of the Site and clicking on the "Account Info" button under the My Account section.
(b). Newsletters; Email Alerts: During the subscription process you will be required to provide subscriber data, which may include PII such as your full name and e-mail address (such information is the "Subscriber PII") and zip code (such information is the "Subscriber Non-PII," collectively with Subscriber PII the "Subscriber Data"). If you would like to subscribe or unsubscribe from any Fox newsletter please refer to our Terms of Use for more information.
(c). SimLeague and Dynasty Game Subscription: On the Site you may have the opportunity to subscribe to one or more SimLeague and/or Dynasty Game. During the subscription process you will be required to provide Subscriber Data and you may be required to provide Personal Financial Information (as defined below in Section B) to complete the purchase of any SimLeague or Dyanasty Game that requires payment. If you would like to subscribe or unsubscribe from any SimLeague or Dynasty Game refer to our Terms of Use for more information.
(d) Sweepstakes, Contests and Promotions: On the Site you may have the opportunity to participate in sweepstakes, contests and other promotions that may require you to provide PII or other information about yourself. If and when we sponsor sweepstakes, contests or other promotions, or third parties sponsor such sweepstakes, contests or promotions with us, either we or the third party will post relevant privacy information in the official rules and/or registration area for the sweepstakes, contest or promotion. That privacy information, to the extent it conflicts with this Privacy Policy, will govern that particular sweepstakes, contest or promotion - please remember to read it carefully.
2. Cookies. Cookies are small bits of information that the Site places on the hard drive of your computer. Fox uses cookies to identify your Internet browser, store your Fox username for easy logon, store Users' preferences, keep you logged in, and identify parts of the Site you have visited, applications you are using and advertisements you have seen. Information about your activities on the Site and other non-PII about you may also be used to customize the online ads you encounter to those we believe are consistent with your interests.
Third party advertisements displayed on the Site may also contain cookies set by Internet advertising companies or advertisers. Fox does not control these cookies and visitors to the Site should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. (See Section C (Notice) below for more information on third party advertisements).
Fox may use cookies and similar technology to relate your use of the Site to PII obtained from you or a reputable third party. For example, if you have asked us to provide you information about our upcoming products or promotions, cookie and/or click stream data about your activities on the Site may allow us to limit the materials we provide you to items we think you will find interesting, based on your prior online activities and preferences.
You can program your computer to warn you each time a cookie is being set or to refuse cookies completely. However, without cookies you may not have access to certain features on the Site, or contests.
A pixel tag is a tiny image inserted in a webpage and used to record the number and types of views for that page. Fox may allow third party pixel tags or similar technology to be present on the Site for purposes of advertising, providing services or data and statistics collection. We also may use this type of technology in order to recognize Users and assess traffic patterns, and we may include pixel tags and cookies in our e-mail messages, including newsletters, in order to count how many e-mail messages have been opened.
3. Message Boards and Public Forums: The public forums and similar features offered on the Site are for public and not private communications, and you have no expectation of privacy with regard to any PII or other information posted, submitted or distributed on or through a public forum. Fox cannot guarantee the security of any information you disclose through any of the public forums available on the Site, and you make such disclosures at your own risk.
B. COLLECTION OF PERSONAL FINANCIAL INFORMATION ON THE SITE BY AN INDEPENDENT THIRD PARTY COMPANY
Fox may use an independent third party company to process financial transactions on the Site. When an independent third party company selected by Fox collects, transmits and/or processes your personal financial information, such as your credit card information or other payment information (collectively, "Personal Financial Information"), on the Site it is because you are submitting such Personal Financial Information in order to: (i) purchase a subscription to participate in one or more SimLeague; (ii) purchase a subscription to participate in one or more Dynasty Game; (iii) purchase a gift certificate; or (iv) purchase any additional services or products offered from time to time on the Site by Fox. At the time of your purchase, Fox will notify you of the identity of any third party that is collecting, transmitting and/or processing your Personal Financial Information. You must be 13 years of age or older to submit Personal Financial Information on the Site, including to place an order on the Site.
You acknowledge and agree that this Privacy Policy will not apply to any Personal Financial Information that you provide to any independent third party company on the Site and that all payment obligations related to such purchase shall be governed solely by the applicable independent third party company's privacy policy. You further acknowledge and agree that Fox will have no liability for or control over such independent third party company's use or protection of your Personal Financial Information. You should check the privacy policy of the independent third party company's website to determine how it will handle any Personal Financial Information it collects from you and/or processes.
You acknowledge and agree that in the event that such independent third party company experiences a data breach that compromises or otherwise affects your Personal Financial Information, Fox shall in no way be responsible or liable to you for such breach. You should contact the applicable independent third party company regarding any such data breach.
C. NOTICE: FOX WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII AND NON-PII COLLECTION PRACTICES
When you voluntarily provide PII to Fox, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses Fox will make of the information.
At the time you provide your PII, Fox will notify you of your options regarding our use of your PII, including whether we will share it with outside companies (See Section D (Choice) below). This Privacy Policy describes the types of other companies that may want to send you information about their products and services and therefore may want to share your PII, provided you have given Fox permission to do so (See Section E (Use) below).
Sometimes we collect PII from consumers in an off-line or manual format, such as by mobile phone. Providing detailed notice in those situations often proves impractical, so consumers will instead be provided with a short notice that describes how to obtain the full text of this Privacy Policy and other relevant information from us.
The Site may be linked to Internet web sites operated by other companies. Some of these third party web sites may be co-branded with a Fox logo, even though they are not operated or maintained by Fox (for example, the co-sponsored chat pages, advertising sponsor pages or Site Product purchase pages). The Site also carries advertisements from other companies. Fox is not responsible for the privacy practices of web sites operated by third parties that are linked to the Site, for the privacy practices of third party or national Internet advertising companies or for third party payment processing companies selected by Fox. Once you leave a Fox Site via such a link or by clicking on an advertisement, Fox's Privacy Policy no longer applies and you should check the applicable privacy policy of the third party or advertiser web site to determine how they will handle any PII they collect from you.
The Site may also be linked to web sites operated by companies affiliated with Fox (i.e., that are part of the News America Group). Although all News America Group entities adhere to the group's Privacy Principles (http://www.newscorp.com/privacy.html), visitors to those affiliated web sites should still refer to their separate privacy policies and practices, which may differ in some respects from this Privacy Policy.
Some of the advertisements that appear on Fox's Site are delivered to you by national Internet advertising companies and/or by third party video player providers. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect anonymous information about your visit to the Site, including information about the banner ads they display, any cookie they place on your computer and 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 visit:
http://www.networkadvertising.org/managing/opt_out.asp
D. CHOICE: FOX WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII
Fox will not use the PII you provide to us for purposes different from the purpose for which it was submitted unless otherwise provided in this Privacy Policy (See Section E (Use) below). Fox will not share your PII with third parties that are not affiliated with Fox (i.e., not part of the News America Group), unless we obtain your permission or as otherwise provided in this Privacy Policy (See Section E (Use) below).
Fox will use your PII provided under this Privacy Policy in a manner that is consistent with this Privacy Policy. If Fox obtains PII from a third party, such as a business partner, our use of that PII is governed by this Privacy Policy.
Fox may occasionally send Users information about special offers, Site updates, contests and other offerings via e-mail. We may also send information about products and offerings of our partners or other News America Group companies that we think may be of interest to our Members and Subscribers. To opt out of receiving these messages click on the opt-out link at the bottom of our emails.
Fox may also share your PII with companies that are affiliated with us, that is, are part of the News America Group of companies. Provided you have given us permission, Fox may also share your PII with advertisers and business partners that are not affiliated with Fox, but would like to send you information about their products and services. For example, Fox may share your PII with the companies who supply prizes for Fox's contests and may have special offers or promotions that might be of interest to Fox users.
Fox will also share your PII collected on the Site with MSN. MSN's use of your PII is governed by MSN's privacy policy. You should check the MSN privacy policy to determine how it will handle any PII collected from you.
Fox employees, agents and contractors must have a legitimate business reason to access to your PII. Fox may share your PII with outside contractors or agents who help us manage our information activities but they may only use your PII to provide Fox with a specific service and not for any other purpose. For example, if you enter a sweepstakes on the Site your PII may be shared with our sweepstakes administrators.
Fox may also enter into agreements with outside companies that possess the technology that allows Fox to customize the advertising and marketing messages you receive on the Site. Your non-PII and click stream data about your activities on the Site may be shared with these companies so this customization may be accomplished. We require that these companies do not share your information with any third party or use it for any other purpose. Anonymous click stream and demographic information may also be shared with Fox's advertisers and business partners.
There may be instances when Fox may disclose PII without providing you with a choice in order to protect the legal rights of Fox, other companies within the News America Group or their employees, agents and contractors; to protect the safety and security of Users of the Site or the public; to protect against fraud or for risk management purposes; or to comply with the law or legal process. In addition, if Fox sells all or part of its business or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, Fox may transfer your PII to a third party as part of that transaction.
F. SECURITY: FOX PROTECTS THE SECURITY OF PII
Fox uses reasonable administrative, technical, personnel and physical measures to safeguard PII in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, Fox uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete. However, no security system is impenetrable. Fox cannot warrant or guarantee the security of its servers, nor can it guarantee that information that you supply will not be intercepted while being transmitted to Fox over the Internet.
G. ACCESS: HOW TO ACCESS, CORRECT OR DELETE YOUR PII
Whenever possible, Members and Subscribers may review the PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member or Subscriber informs us of in writing is incorrect. If you are a Member, you can view, change and remove your PII, Member preferences and Your Profile information by logging into your account and accessing "Account Member Information." Section A (1) (b) above describes how to change your subscriptions preferences.
If for any reason you want Fox to stop using your PII, Fox will honor that request; however, Fox will retain any record of your PII that is necessary to comply with applicable federal, state or local law. Even after removal of PII and User Content by you or Fox, PII and User Content may still be viewable in cached and archived pages or if another User has stored your User Content.
If you would like to communicate with us about this Privacy Policy or Fox's collection or use of your PII, or request Fox delete your PII, please contact Fox at:
Via E-mail:
Whatif.Privacy@fox.com
Via Mail:
WhatifSports.com Internet Privacy Officer
Fox Cable Network Services, LLC
Business & Legal Affairs
P.O. Box 900
Beverly Hills, California 90213-0900
H. REMEDIES AND COMPLIANCE: HOW TO CONTACT FOX ABOUT PRIVACY CONCERNS
If you have questions or concerns regarding privacy, your use of the Fox Site, or the collection and use of PII, you may contact the following Fox representative:
Fox Internet Privacy Officer
Business & Legal Affairs
Fox Cable Network Services, LLC
P.O. Box 900
Beverly Hills, California 90213-0900
Telephone: (310) 369-1350
e-mail: Whatif.Privacy@fox.com
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