Last Updated: January 18, 2012

Welcome to Viggle! We are committed to keeping your personal information private. This Privacy Policy applies to information we collect through the Viggle service. Please take a moment to read this Privacy Policy carefully before using the Viggle service. By using the Viggle service, you are acknowledging that you understand and agree to this Privacy Policy. In addition, please review the Viggle Terms of Use, which governs your use of the Viggle service and any content you submit to us.

The Viggle service is offered by Function(x) Inc. This Privacy Policy explains how we may collect your information, how we may use your information or share it with others, and how you may access and control your information in connection with our marketing communications and activities.

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INFORMATION WE COLLECT.

Information You Provide To Us

So that you can fully benefit from the Viggle service, we may ask you to provide certain information about yourself. We may ask you to provide information that could be used to contact you or to identify you personally (such as your name, email address, telephone number, home address or other profile-related information (“Personal Information”), such as for example, we may collect Personal Information when you open a Viggle account, request information, submit comments, post on social media sites, participate in a promotion, survey or other feature of the Viggle service, redeem rewards as part of the Viggle Rewards Program, or otherwise use the Viggle service. We may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc. or certain information about your preferences, interests, friends and contacts). We may also ask you to provide certain financial information (for example, credit or debit card number, expiration date, and card verification number) in order to process payments for any fees collected by third party merchants in relation to the Viggle Rewards Program, or for other programs or components of the Viggle service that may require payment for use. Finally, the Viggle service may make available certain interactive services like bulletin boards, chat rooms, blogs and forums (collectively, “Interactive Services”). Please remember that any information that you disclose through these Interactive Services becomes public information and is not subject to the provisions of this Privacy Policy. If you do not want some or all of your Personal Information collected, please do not submit it.

Information We Collect Automatically

Whenever you interact with the Viggle service, we and third-party advertisers and/or service providers may use a variety of technologies that automatically or passively collect information about how you access and use the Viggle service (“Usage Information”). Usage Information may include, in part, your browser or device type, your operating system, the page served, the time, the preceding page views, and your use of features or applications on the Viggle service, such as TV show viewing history, interaction with friends and group activities, Viggle Rewards history and your location (if you consent to enabling of location based services). This statistical data provides us with information about the use of the Viggle services, such as how many visitors visit a specific page, how long they stay on that page, and which hyperlinks, if any, they “click” on. This information helps us keep the Viggle service fresh and interesting to our visitors and tailor content to a visitor’s interests.

Technologies used on the Viggle service to collect Usage Information may include, but are not limited to:

Cookies. Cookies are data files placed on a device when it is used to access the Viggle service. Either we or our third-party advertisers or service providers may place cookies or similar files on your device for security purposes, to facilitate site navigation and to personalize your experience while visiting the Viggle service. Cookies allow us to collect technical and navigational information, such as your browser type, time you spend on the Viggle service and the pages you visit. Cookies allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Viggle service. If you would prefer not to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features of the Viggle service may not work properly because we may not be able to recognize and associate you with your Viggle account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.

Pixel tags. A pixel tag is a transparent graphic image, sometimes called a clear GIF, web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed. In addition, a pixel tag may tell your browser to get content from another server.

We also automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device you use to access the Viggle service. A Device Identifier is a number that is automatically assigned to your device when you access a web site or its servers, and our computers identify your device (including its location) by its Device Identifier.

Our audio verification technology is based on a manual check-in process. Audio verification is only activated when you manually tap the app to check-in to a television program and not at any other time. We identify the television program based on the audio signal, using our audio verification technology. Our technology converts the audio from the TV program into a sequence of numbers that our servers use to match the television program. No actual audio is recorded or transmitted from the app to our servers, and our audio verification technology does not allow us to recreate any audio from the sequence of numbers transmitted to our servers.

HOW WE USE THE INFORMATION WE COLLECT.

We use the information we collect about and from you for a variety of business purposes, including, for example, to deliver rewards, respond to your questions and requests; provide you with access to certain areas and features of the Viggle service; communicate with you about your account and activities using the Viggle service and changes to any of our policies; tailor content, advertisements, rewards and offers we serve you; improve the Viggle service; to process applications and transactions, and for our internal business purposes. In addition, we may your Personal Information for other purposes for which you otherwise provide your consent. We may also post on social networking or third party sites that you are viewing a particular television show, using the Viggle service, or post your comments or other submissions about a show or use of the Viggle service on such websites or on other media channels.

If you provide us with any financial-related information to obtain products or services from third-party merchants through the Viggle service, we will use the financial information you provide to bill you for those products and services. By submitting to us your credit card and related personal information, you are authorizing us to use that information, including by sharing it with the merchant and the credit card company, in order to confirm and fulfill your order. We will not otherwise use or distribute your financial information without your prior approval.

SHARING OF INFORMATION.

Except as provided in this Privacy Policy, we will not provide any of your Personal Information to any third party without your specific consent. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information, with third parties. We may also share your information as disclosed at the time you provide your information, and as otherwise described in this Privacy Policy. In addition, we may share your information in the following circumstances:

Third Parties Providing Services On Our Behalf. In order to carry out your requests, to make various features, services and materials available to you through the Viggle service, and to respond to your inquiries, we may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our affiliates). These may include, for example, companies or individuals that host or operate the Viggle service, analyze data or provide customer service; advertisers; merchants, sponsors or other third parties that participate in or administer our promotions or provide marketing or promotional assistance (such as in connection with the Viggle Rewards Program); and partners in co-branded sites or sites that state that they are “powered by” either us or third party partners. We may also use your Personal Information or share it with our subsidiaries, affiliates, sponsors, partners, advertisers or other third parties to provide you with product information and promotional and other offers.

Your Agreement To Have Your Personal Information Shared. While using the Viggle service, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you request products, services, or other information that may be offered by us or third-party merchants as part of the Viggle service, or otherwise agree to have your Personal Information shared, your Personal Information (including, if required, contact information, financial information (like account or credit card numbers)) will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.

Business Transfers. We may share your Personal Information with other entities and affiliates in the family of companies controlled by Function(x) for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all or substantially all of our assets, or assets related to the Viggle service, Personal Information, Usage Information, and any other information that we have collected about the users of the Viggle service may be disclosed to such entity as part of the due diligence process and will be transferred, in whole or in part, to such entity as one of the transferred assets. If so, we will seek to obligate the acquiring entity to use any information transferred in a manner consistent with this Privacy Policy, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered one of our assets and as such may be sold or transferred to third parties.

Legal Disclosure. In addition, we may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties to comply with our legal obligations; when we believe that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce the Viggle Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to the Viggle service or the public.

INFORMATION WE RECEIVE FROM THIRD PARTIES.

We may receive information about you from third parties. For example, if you’re on another website and you opt-in to receive information from us, that website may send us your email address and other information so we can contact you as requested. If you choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website), you allow us to collect (or the third party to share) information about you, including Personal Information such as lists of your friends, “likes”, comments you have shared, groups and location. We may also receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service. We may also receive information about where you redeem your rewards. The information we collect about you through the Viggle service may be supplemented with information from third parties in order to enhance the Services and your experience of them and to confirm the information that users provide to us. In those cases, we will apply this Privacy Policy to any Personal Information provided, unless we have disclosed otherwise.

YOUR CHOICE AND ACCESS.

You may always request that we not share your Personal Information with third parties. In addition you may request that we not send you information or offers, or that we not send you push notifications, emails, newsletters, or other communications. To make any such request: (1) modify your account settings; (2) send us an email at support@viggle.com; or (3) follow the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it.

To modify, verify or delete any of your Personal Information that we have collected, you may edit your account user information or contact us at the above email address. In addition, you can control how your profile is publicly displayed by changing your privacy settings. For more information on how you can control your privacy setting, click here.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted to us. We are under no obligation to store your Personal Information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of your Personal Information. Please note that it is not always possible to completely remove or delete all of your information from our databases without retaining some residual data because of backups and other reasons. Finally, please be aware that we do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT.

In order to provide more relevant advertisements to you, we use technology to serve advertisements on the Viggle service. We may use third parties to serve these advertisements. We may also use third party analytics vendors to evaluate and provide us with information about the use of the Viggle service. We do not share Personal Information with these providers unless you have expressly authorized us to do so. However, like other advertising service vendors, they may place and access cookies, web beacons, or similar technologies on your device, and they may otherwise collect or have access to information about you, including Usage Information. We and our network advertisers may target advertisements for television shows, products and services in which you might be interested based on your use of the Viggle service, and visits to other websites. The use of cookies, web beacons, or similar technologies by third party providers is subject to their own privacy policies, not ours.

If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-Out Page at http://www.networkadvertising.org/managing/opt_out.asp. Please note that even if you choose to opt out through the NAI Opt-Out Page, you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

REFERRAL PROGRAMS.

We may allow you to refer friends to the Viggle service via email and social networking platforms. If you refer a friend by email, we will collect the name and email addresses of proposed recipients to send the email on your behalf. We may also use your name and email address in order to identify you as the initiator of the email. Please inform your friends that we may send them emails on your behalf.

If you refer a friend via social networking platforms, you will be subject to the privacy policy and the terms and conditions of the specific social networking platform. Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it appears the data is collected by us, the data is in fact collected directly by the social networking platform. If you decide to use this functionality, the data to be transmitted will be collected directly by the social networking platform, and we do not receive, collect or use the information. Please note your social networking account settings, as those settings will affect how and with whom your posts, information and other content are shared.

SECURITY OF YOUR INFORMATION.

We take information security seriously, and we use reasonable security measures to help protect against the loss, misuse or alteration of your Personal Information. Please note, however, that we cannot ensure the security of any information you transmit to us or that we store. You use the Viggle service and provide us with your information at your own risk.

CHILDREN.

Because protecting the privacy of young children is especially important, the Viggle service is not directed to children under 13. We do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If you are under 13 years of age, please do not use or access the Viggle service at any time in any manner. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

EXTERNAL SITES.

The Viggle service may contain links to external third-party sites that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these third-party sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our services (including those linked to through an email or social networking page).

CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.

We operate the Viggle service in the United States. Our use of your information necessarily involves the transmission of data on an international basis. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Viggle service, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen.

CHANGES TO THIS PRIVACY POLICY.

We may change, add or delete information on the Viggle service and/or this Privacy Policy, at any time without prior notice to you. We will notify you of any material changes by posting the updated Privacy Policy on the Viggle website and in the Viggle app or by otherwise communicating to you. Any changes will be effective immediately upon the posting of the revised Privacy Policy, and we encourage you to check back regularly for any changes, additions or deletions.

CONTACT US.

Please contact us if you have any questions or concerns about this Privacy Policy or your experience with the Viggle service. Please contact support@viggle.com.