Privacy Policy

 

 Effective Date: November 14, 2011

1. INTRODUCTION

Fox Sports Net, Inc. (“FSN”) and Fox Sports Interactive Media, LLC (“FSIM, ” collectively with FSN, “Fox” or “we” or “us”) operates the website www.FoxsportsWest.com (“FoxsportsWest.com” or “Site”), which is an entertainment website including community features that allows users to discover content and view and comment on content. The services Fox offers include any Fox-branded URL (including without limitation the Site) and any services, including online community features, public forums, newsletters, polls and any other features, content, or applications offered from time to time by Fox in connection with Fox’s business, including when accessed via the Internet, mobile or other device (collectively, the "Fox Services"). Fox is part of the United States based operations of News Corporation.

As set forth in our Terms of Use, the Site is a general audience website, is not targeted to children, and does not knowingly collect personal information from children under 13 years of age.

This Privacy Policy describes Fox’s collection, use and sharing of personal information about users (e.g., information that identifies a specific person, such as full name or email address) where that personal information is not otherwise publicly available on the Site. This Privacy Policy also describes generally Fox’s practices for handling non-personally identifiable information (e.g., user interests, demographics, or Site usage) to the extent such non-personally identifiable information is associated with a particular user or user account. This Privacy Policy applies to all “users,” including visitors (users who use some of the Fox Services without being registered with Fox), “Members” (users who have registered with Fox) and "Subscribers" (Members who have subscribed to one or more newsletter). All personal information collected on the Site is jointly owned by Fox and Microsoft Online, Inc. (“MSN”).

2. SUBMISSION AND COLLECTION OF INFORMATION ON FOX SERVICES

User Submitted Information

Registration Information: is the required information that a user must provide when they register as a Member with the Site (“Member Profile,” also called a “user account”), or enter a contest or sweepstake, and may include first and last name, email address, username and password (“Required Registration Information”).

Subscription Information: is the information that Subscribers must provide to us in order to receive a Fox newsletter or mobile alerts, and may include first and last name, email and phone number.

Site Product Purchase Information. If you elect to purchase any Site Product through the Site you will be required to provide personal financial information, including your credit card information, billing address or other payment information (collectively, “Personal Financial Information”), full name, phone number and shipping address in order to purchase such Site Service. You must be 18 years of age or older to submit Personal Financial Information on the Site, including to place an order on the Site.

Public Forum Login Information. If you elect to post comments on any of the public forums provided on the Site you will be required to select a username and provide your email address. Your username will be public, which means it is available to everyone and will be displayed in search results on the Site and on external search engines. Please select your username carefully.

Public Information and Posts consist of your username and, if you provide one, your profile picture and any additional information you chose to make public through your Member Profile and your posts and comments on the Fox Services outside of your Member Profile. Your posts and comments outside of your profile include those made on other Member Profiles and on general Fox content, such as FoxsportsWest.com provided photos, and in general FoxsportsWest.com areas, such as forums and chats. Your Public Information and Posts are always public, which means they are available to everyone and will be displayed in search results both on the Fox Services and on external search engines. However, when you post content or comments on another Member’s profile, that information will be disclosed consistent with that Member’s Privacy Settings.

We may also collect user submitted information in an offline or manual format, such as a postcard. In such circumstances, you will be provided with a short notice that describes how to obtain the full text of this Privacy Policy and other relevant information.

Fox Collected Information

Fox Services Activity Information. When users access the Fox Services, we may collect certain non-personally identifiable information about those visits. For example, in order to permit your connection to the Site, our servers receive and record information about your computer and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Fox Services from a mobile or other device, we may collect a unique device identifier assigned to that device or other transactional information for that

device in order to serve content to it. We also may use cookies and other tracking technologies (including browser cookies, pixels, beacons, and Adobe Flash technology including cookies), which are comprised of small bits of data that often include an anonymous unique identifier. Websites send this data to your browser when you first request a web page and then store the data on your computer so the website can access information when you make subsequent requests for pages from that website. We may use these technologies to collect and store information about your usage of the Fox Services, such as pages you have visited, search queries you have run and advertisements you have seen.

Third-parties that support the Fox Services by serving advertisements or providing services, such as allowing users to share content, purchase Site Products or post to the forums or tracking aggregate Site usage statistics, may also use these technologies to collect similar information. Fox does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third party ad networks that use these technologies, see www.aboutads.info/consumers.

Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies). Users can manage the use of Flash technologies, including cookies, with the Flash management tools available at Adobe’s website, see http://www.adobe.com/products/flashplayer/security/privacy_policy/faq.html. Please note that by blocking any or all cookies you may not have access to certain features or personalization available through Fox Services.

Third Parties. To improve the quality of the Fox Services, we may supplement the information we collect with information that is collected or provided by third parties. If you access the Fox Services through a third-party connection or log-in, we may also collect your user ID and/or user name associated with that third-party service, or any information you have made public in connection with that service and which the third party shares with partner services.

3. NOTICE & CHOICE

Means of Notice and Choice. This Privacy Policy is the primary means by which Fox provides you with notice and choice regarding its collection and use of your personal information. Fox will not use your personal information in a manner different from what is described in this Privacy Policy without your permission.

Privacy Policy Changes. Fox may modify this Privacy Policy as necessary. If we make material changes to this Privacy Policy that expand our rights to use your

personal information, we will notify you to seek your consent either through a message, an email or a prominent posting on the Fox Services.

Location of Data Storage. 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 personal information you provide transferred to, stored and processed in the United States. United States data protection and other relevant laws and regulations may not be the same as those in your jurisdiction. As a result, please read this Privacy Policy with care.

Linked Websites or Services. The Fox Services may also be linked to sites or services operated by Fox affiliates (i.e., that are part of the News America Group: “Affiliated Companies”) or third parties, and may carry advertisements or offer content functionality, games, newsletters, contests or sweepstakes or applications, developed and maintained by third parties, including online stores. Fox is not responsible for the privacy practices of any such third parties, and once you leave the Fox Services via a link, enable a third party service, visit an affiliated store, or click an advertisement, you should check the applicable privacy policy of the third-party site. Additionally, although all Affiliated Companies adhere to the News Corporation corporate Privacy Principles, users who visit an Affiliated Company website should still refer to its’ separate privacy policy, which may differ in some respects from this Privacy Policy. This Privacy Policy does not apply to those websites that do not display or link to this Privacy Policy or have its own privacy statements.

Collection of Personal Financial Information by a Third Party. At the time of your Site Product purchase, Fox will notify you of the identity of any third party that is collecting, transmitting, storing and/or processing your Personal Financial Information. 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.

4. USE AND DISCLOSURE

Information Made Public Through Use of Fox Services.

Fox Members’ Public Information and Posts are always publically available to anyone, including other users, search engines, advertisers, third-party application developers, and anyone else with access to the Fox Services.

Fox’s Use and Disclosure of Information

We only share your non-public personal information with non-affiliated third parties when we believe the sharing is permitted by you or authorized by this Privacy Policy. In addition, Fox may share your personal information with Affiliated Companies and may share any personal information collected during the Member registration process with MSN.

We use the information we collect from and about users for the following purposes:

To provide and manage the Fox Services. We use the information we collect from and about users to provide the Fox Services and features to you, which may include to measure and improve those services and features, to personalize your experience by delivering relevant content, advertising and marketing messages, to allow you to participate in online games, contests or promotions, to enable you to communicate and share with other users, and to provide you with customer support and respond to inquiries. We may use aggregated, anonymous data about use of and activity on the Fox Services to assist us in this regard and such data is not subject to this Privacy Policy.

To allow third party service providers to assist us in providing and managing the Fox Services. Fox may make your non-public personal information available to certain third-party service providers, such as contractors, agents or sponsors, who help us manage or provide Fox Services by, for example: developing or supporting the Fox Services and features; collecting, transmitting, storing and/or processing Personal Financial Information, fulfilling purchase orders, administering message boards, processing data or statistics, or assisting with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These third-party service providers are required to protect non-public personal information entrusted to them and not use it for any other purpose than the specific service they are providing to you and Fox.

To deliver relevant content and recommendations. To make your experience more interesting, we may use any of the information you provide, the information we collect about your page views and queries, and information we may collect from other users and third parties to assist us in recommending content on or through the Fox Services.

To contact you. Fox may periodically send promotional materials (e.g., newsletters) or correspondence related to the Fox Services to the email address you provided to us at registration. If you want to stop receiving correspondence from Fox, you can change your newsletter preferences settings under “My Profile,” or follow the unsubscribe instructions at the bottom of each email. There are certain service notification emails

that you may not opt-out of, such as notifications of changes to the Fox Services or policies.

To deliver relevant advertising. We may use the information you provide to us, and information we collect about your use of the Fox Services through cookies and other technologies, to assist us in delivering you relevant ads when you visit the Fox Services. We may work with third-party advertising networks and advertisers who help deliver these ads to you. We do not share your non-public personal information with these third parties, but we may share anonymized or aggregated information with them to improve the relevancy of the ads you see on the Fox Services. As noted above, these third-party advertising networks and advertisers may also use cookies and similar technologies to collect and track non-personally identifiable information such as demographic information, aggregated information, and Internet activity to assist them in delivering advertising that is more relevant to your interests. To find out more about third-party online advertising and to opt out of this type of advertising, visit the Network Advertising Initiative website http://www.networkadvertising.org/managing/opt_out.asp. Fox also shares non-personally identifiable demographic and interest information associated with your account with third-party advertising networks to assist them in delivering relevant ads on or through the Fox Services.

To protect the rights of Fox and our users. There may be instances when Fox may disclose user information without providing notice or choice, including situations where Fox has a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of Fox, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Fox Services or members of the public including responding to emergencies where there appears to be a danger of death or injury to any person; (iii) protect against fraud or for risk management purposes; or (iv) comply with applicable laws, rules and regulations (“Applicable Laws”) or legal process.

To complete a merger or sale of assets. If Fox sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Fox may transfer your information to the party or parties involved in the transaction as part of that transaction.

5. SECURITY

Fox uses commercially reasonable administrative, technical, personnel and physical measures to safeguard user information in its possession against loss, theft and unauthorized use, disclosure or modification.

6. ACCESS, REMEDIES AND COMPLIANCE

User Control and Account Cancellation. Through the My Profile option, you can access and edit your Required Registration Information, Member Profile Information and newsletter and mobile alert preferences. If you would like to deactivate your Member Profile you may email us directly; subject line: Deactivate Membership Account or you can go to your Member Profile option and elect to deactivate your account.

We may retain backup information related to your My Profile account and any premium Subscription on our servers for some time after deactivation for fraud detection or to comply with Applicable Law or our internal security policies. Because of the nature of caching technology, your account may not be instantly inaccessible to others, and there may be a delay in the removal of the content from elsewhere on the Internet and from search engines.

7. CONTACT US

If you have questions about this Privacy Policy, please contact Fox at:

Email: FSWest.Privacy@fox.com

Mail:

FoxsportsWest.com Privacy Officer

c/o Fox Cable Networks Services, LLC

Business and Legal Affairs

P.O Box 900

Beverly Hills, California 90213-0900

Telephone:

(310) 369-1350

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