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Privacy Policy

Altitude Sports & Entertainment, LLC (“Altitude”) respects the privacy of others.  This PRIVACY POLICY (this “Privacy Policy”) is intended to explain Altitude’s privacy practices with respect to the website(s) that links to this Privacy Policy (together with its respective pages and features, the “Site”), the mobile software application(s) that links to this Agreement (together with its respective pages and features, the “Mobile App”), and the TV everywhere (TVE) application known as “AltitudeNOW” (together with its respective pages and features, the “TVE App”) (with the Mobile App and the TVE App are sometimes referred to herein together as the “App”).  This Privacy Policy is also intended to provide you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) with an overview of the following:

  • the type of information about you Altitude collects through the Site and the App;
  • how KSE Radio collects such information;
  • how KSE Radio uses such information;
  • who will have access to such information; and
  • KSE Radio’s security measures for protecting such information.

This Privacy Policy applies to information collected through the Site and/or the App.  Carefully read this Privacy Policy in its entirety.

You are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Terms and Conditions, whenever you create, register with or log into an account on or through the Site or the App.  Similarly, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as Altitude’s Terms and Conditions, whenever you visit, access, register with, subscribe to or use the Site, the App or any services provided by KSE Radio on the Site or the App; and your continuing visit, access, registration with, subscription to or use of any of the forgoing reaffirms your acceptance and agreement in each instance.

As used herein, the term “personal information” means information (including personally identifiable information) that would allow someone to specifically identify you or contact you physically or online (e.g., your name, physical address, telephone number, email address, social security number); and the term “non-personal information” means any information other than personal information that Altitude may collect from you. As used herein, the term “Authorized TV Provider” means a cable, satellite or internet television service provider or affiliate that is authorized to carry the Altitude Sports® channel.

1. A Special Note About Minors.

The Site is a general audience website intended for use by adults.  Similarly, the App is a general audience application intended for use by adults.  Neither the Site nor the App is designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone children under thirteen (13) years of age.  KSE Radio does not collect personal information through the Site or the App from any person it actually knows to be under thirteen (13) years of age.  If KSE Radio obtains actual knowledge that it has collected personal information through the Site or the App from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that KSE Radio remove content or information about you that is posted on the Site or the App.  Please submit any such request (“Request for Removal of Minor Information”) to [email protected], with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body:

  1. the nature of your request;
  2. the identity of the content or information to be removed;
  3. whether such content or information if found on the Site or the App;
  4. the location on content or information on the Site or the App (e.g., providing the URL for the specific web page the content or information is found on);
  5. that the request is related to the “Removal of Minor Information;”
  6. your name, street address, city, state, zip code and email address; and
  7. whether you prefer to receive a response to your request by mail or email.

KSE Radio is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site or the App.

Also, please note that KSE Radio is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires KSE Radio to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when KSE Radio anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of KSE Radio’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Altitude is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

2. Categories of Information Collected.

KSE Radio may collect personal and non-personal information about you through the Site and/or the App (and, with respect to the TVE App, the Authorized TV Provider might do the same).  The categories of such information might include:

  • Your name (first, last and/or middle) and unique identifiers (e.g., username);
  • Your login information for the Site and/or the App (e.g., username, password, security questions and answers);
  • Your contact information (e.g., mailing address, email address, telephone number, facsimile number);
  • Your gender;
  • Your date of birth;
  • Your electronic signature;
  • Your billing, payment or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address, tax ID number, billing history);
  • Your business information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number);
  • Information related to your inquires about possible advertising opportunities with KSE Radio and/or one or more of its parent, subsidiary or affiliated companies (e.g., brands, media, markets);
  • Information related to your inquiries about possible employment with KSE Radio and/or one or more of its parent, subsidiary or affiliated companies (e.g., name, mailing address, email address, telephone number, salary requirements, interests, resume);
  • Your computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exit web pages, web page requests, cookie information, hardware attributes, software attributes);
  • Third-party website, network, platform, server and/or application information (e.g., Facebook, Google Plus, Twitter, Instagram);
  • Usage activity concerning your interactions with the Site, the App and/or third-party websites, networks, platforms, servers or applications accessed through the Site or the App (e.g., how you accessed the Site, where you go when you leave the Site, number of clicks on a page or feature, amount of time spent on the Site or a page or feature, identity of third-party websites, networks, platforms, servers and applications accessed through the Site and/or the App);
  • Usage activity concerning products and services provided to or accessed by you on or through the Site and/or the App (e.g., number of viewers, viewing habits, viewing preferences, viewing history, title selections, favorites, streams, downloads, demographics and closed captioning selections);
  • Your transactional information (e.g., offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site and/or the App);
  • Information about third parties that you refer to Altitude, Mix 100, Kool 105 or KSE Radio (e.g., name, email and/or other contact information, relationship);
  • Information set forth in your online account registration, user profile, and/or user directory forms for the Site and/or App;
  • Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site and/or the App, or which are accessed via your public or linked social media pages (e.g., Facebook, Google Plus, Twitter, Instagram);
  • Your name associated with your mobile device;
  • Your telephone number associated with your mobile device;
  • Your geolocation; and/or
  • Your mobile device ID information.

3. How Information Is Collected.

KSE Radio might collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the Site and/or the App; when you register for, subscribe to, order or purchase any products and/or services on, through or in relation to the Site and/or the App; when you “sign in,” “log in,” or the like to the Site and/or the App; when you allow the Site and/or the App to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Site and/or the App) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever KSE Radio asks you for such information, such as, for example, when you process a payment through the Site and/or the App, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends KSE Radio a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Site and/or the App, then KSE Radio may collect any personal or non-personal information provided therein or therewith.

Finally, KSE Radio might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

  • Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies.  Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website.  Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device.
  • Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device.  Flash cookies are not managed by the same browser settings that are used for regular cookies.
  • Retargeting pixels, which are cookie-based technologies that might follow you across the web.
  • Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses.  Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some web beacons from tracking or recording certain information about your activities.
  • Tokens, which are digital objects or pieces of code that enable the tracking of emails and other electronic communications, online activities and devices (such as, for example, tracking tokens, device tokens), or that authenticate the identity of individuals or devices authorized to access certain secured information (such as, for example, access tokens). Disabling your computer’s, device’s or browser’s cookies or other tracking technology features may prevent some tokens from tracking certain information about your activities.
  • Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on.  Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site or the App, and deactivated or deleted when the user disconnects from the Site or the App.
  • Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking.
  • Other third-party data tracking or analytic technologies (e.g., deep linking, eTags, device fingerprinting or cross-device tracking).

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Site and/or the App might not function properly.

By visiting, accessing, registering with or using the Site and/or the App, you acknowledge and agree in each instance that you are giving KSE Radio permission to monitor or otherwise track your activities on the Site and/or the App, and that KSE Radio may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies.

4. Use of Information Collected.

KSE Radio may use the personal and/or non-personal information it collects from you through the Site and/or the App in a variety of ways, such as, for example, to:

  • Fulfill your requests;
  • Process your payments;
  • Place, fulfill, process and/or track your orders and purchases;
  • Facilitate your movement through the Site and/or the App;
  • Facilitate your use of the Site, the App and/or their respective products and services;
  • Provide customer service;
  • Send you communications like, for example, administrative emails, answers to your questions and updates about the Site and/or the App;
  • Allow you to communicate with others through the Site and/or the App like, for example, through online forums, chat rooms, and bulletin boards;
  • Provide you with information about KSE Radio, its parent, subsidiary or affiliated companies and/or their respective businesses, products and services by letter, email, text, telephone or other forms of communication;
  • Provide you with customized content and services, including advertising and promotional information (e.g., targeted ads, retargeted ads), recommendations for content you might like, and cross-app or cross-site functionality across multiple third-party websites and mobile apps;
  • Provide you with information about third-party businesses, products and/or services by letter, email, text, telephone or other forms of communication;
  • Improve the Site, the App and/or their respective content, features and services;
  • Improve the products, services, marketing and/or promotional efforts of KSE Radio and/or its parent, subsidiary or affiliated companies;
  • Create new products, services, marketing and/or promotions for KSE Radio and/or its parent, subsidiary or affiliated companies;
  • Market the businesses, products and/or services of Altitude and/or its parent, subsidiary or affiliated companies;
  • Help personalize user experiences with the Site, the App and/or their respective products and services;
  • Analyze traffic to and through the Site and/or the App;
  • Analyze user behavior and activity on or through the Site and/or the App;
  • Conduct research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to KSE Radio, its parent, subsidiary or affiliated companies, the Site, the App and/or their respective products and/or services;
  • Monitor the activities of you and others on or through the Site and/or the App;
  • Create device fingerprints and profiles about the possible relationships among different browsers and devices;
  • Create consumer profiles, which may combine your personal or non-personal information from the Site or the App with your personal or non-personal information from another source or service;
  • Protect or enforce KSE Radio’s and/or its parent, subsidiary or affiliated companies’ respective rights and properties; and/or
  • Protect or enforce the rights and properties of others (which may include you).

KSE Radio reserves the right to use your personal and non-personal information when:

  • Required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
  • KSE Radio believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of KSE Radio, a user of the Site [which may include you], a user of the App [which may include you] or anyone else who may be harmed by such activities or to further KSE Radio’s legitimate business interests).

5. Sharing of Information Collected.

KSE Radio reserves the right, but not the obligation, to share your personal information with the following:

  • KSE Radio’s employees, agents and administrators;
  • KSE Radio’s accountants, financial advisors and legal advisors;
  • KSE Radio’s parents, subsidiaries and affiliates;
  • Service providers and other third parties who help KSE Radio provide, manage, administer, maintain, monitor, distribute, operate or facilitate the Site or the App, who help KSE Radio develop, market or provide its products and services, or who help further KSE Radio’s business efforts (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, data analysis companies, credit card or other payment processing companies, online shopping cart providers, advertising partners, Authorized TV Providers), as needed in order for them to perform such services;
  • Law enforcement or other governmental entities in response to what KSE Radio believes to be an allegation or suspicion of illegal activity, a request relating to a civil or criminal investigation, an allegation or suspicion of illegal activity, a subpoena, a court order, or any other activity that may expose KSE Radio to liability if it does not act or comply;
  • Any third parties who Altitude believes are necessary to help or allow KSE Radio to protect and enforce its rights and properties, including, without limitation, to enforce its rights under KSE Radio’s Terms and Conditions or any other agreements KSE Radio has with you, and to protect and enforce its intellectual property rights; and/or
  • Any third parties who KSE Radio believes are necessary to help or allow KSE Radio to protect the rights and properties of other (which may include you), assuming that KSE Radio believes it has an obligation to do so.

KSE Radio also reserves the right to share your personal information with third parties in connection with or as a result of any potential or actual merger, acquisition or other event involving a change in ownership or control of KSE Radio or KSE Radio’s business (whether by sale of assets, merger, stock purchase or otherwise).

KSE Radio does not limit the ways in which it might use or share non-personal information – and Altitude reserves the unencumbered right, but not the obligation, to use or share non-personal information – because non-personal information does not identify you.  For example, KSE Radio may freely share non-personal information with its parent, subsidiary and affiliated companies, its vendors, its suppliers, its representatives and (with respect to the TVE App) its television service providers or affiliates, as well as with other individuals, businesses and government entities.

You may choose to share certain information and/or follow other users on the Site and/or the App.  You may choose to share your contact information with other users or provide it publicly.

6. Data Retention.

KSE Radio may retain your personal information and non-personal information for as long as it believes necessary.  KSE Radio may dispose of or delete any such personal information or non-personal information at any time, except as set forth in any other agreement or document executed by both you and Altitude concerning the same or as required by law.

7. Transactions.

In connection with any transaction that you conduct on, through or in relation to the Site or the App, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address.  By submitting such information, you grant KSE Radio without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, online shopping cart providers) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through the Site and/or the App occur through an online payment processing application.  This online payment processing application provided by a third-party online payment processing vendor.  KSE Radio’s relationship with that vendor, if any, is merely contractual in nature, and that vendor is in no way subject to Altitude’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

8. Third Parties and Their Applications and Networks.

The Site, the App and/or any communications sent through or as a function of the Site and/or the App might contain links to third-party websites, networks, platforms, servers and/or applications.  Third-party websites, networks, platforms, servers and/or applications might also contain links to the Site and/or the App.

In addition, you might have the opportunity to access the Site and/or the App using your online user accounts with certain third-party websites, networks, platforms, servers or applications, which might be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers or applications.  KSE Radio might also collect information from those third-party websites, networks, platforms, servers or applications (such as, for example, your name, gender, date of birth and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications and other information available through your online account or page with those third-party websites, networks, platforms, servers or applications).

Moreover, KSE Radio might permit third parties to use their own tracking, data aggregation and/or data analysis technologies like the ones described above (e.g., third-party cookies).  This includes, the Authorized TV Provider, which may also collect personal and non-personal information from you when you visit, access, register with, subscribe to or use the TVE App.  For more information about the Authorized TV Provider’s data privacy practices, please contact the Authorize TV Provider directly.

To the fullest extent permitted by law, Altitude is not responsible for, and you hereby release KSE Radio from any and all liability which may arise from, such third-party websites, networks, platforms, servers and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers and applications).  It is your responsibility, and your responsibility alone, to carefully read, accept and comply with any and all relevant terms of use, waivers, and privacy policies associated with those third-party websites, networks, platforms, servers and applications.

9. Security.

KSE Radio implements security measures to help protect the personal information it collects through the Site and the App.  For example, KSE Radio encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.

Regardless of the foregoing, please observe that “perfect” or “100%” security does not exist on the Internet.  Therefore, your access and use of the Site and/or the App, and your opening of any communications sent through or as a function of the Site and/or the App, are done at your own risk.

To help maintain the security of your personal information, KSE Radio asks that you please notify it immediately of any unauthorized visit, access or use of the Site and/or the App, or the loss or unauthorized use of your user access information for the Site and/or the App (e.g., username or password).

10. Retention, Review, and Change of Information Collected.

You may request at any time that KSE Radio provide you with an opportunity to review and change your personal information collected through the Site or the App, if any, or to no longer use your personal information to provide you with any products or services.  Please submit any such request (“Request Concerning Personal Information”) to [email protected], with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

  1. the nature of your request;
  2. that the request is related to “Your Personal Information;”
  3. your name, street address, city, state, zip code and email address; and
  4. whether you prefer to receive a response to your request by mail or email.

KSE Radio is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled or incorrectly sent.  You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

11. Your California Privacy Rights.

If you are a resident of the State of California and KSE Radio has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time:  (a) information from Altitude free of charge regarding the manner in which KSE Radio shares certain personal information collected through the Site and/or the App with third parties who use such information for direct marketing purposes; and (b) the discontinuation (or opt-out) of KSE Radio’s sharing of such information with such third parties.  Please submit any such request (“California Privacy Rights Request”) to [email protected], with a subject line of “Your California Privacy Rights.”

For each California Privacy Rights Request, please state “Your California Privacy Rights” in the email or letter subject line, and clearly state the following in the body:

  1. the nature of your request;
  2. that the request is related to “Your California Privacy Rights;”
  3. your name, street address, city, state, zip code and email address; and
  4. whether you prefer to receive a response to your request by mail or email.

KSE Radio is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled or incorrectly sent.  You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

Further, Altitude does not respond to “do not track” (DNT) signals.

Finally, as explained further above, KSE Radio does not authorize third parties to collect your personal information when you use the Site or the App, except as expressly stated in this Privacy Policy.  To the fullest extent permitted by law, KSE Radio is not responsible for, and you hereby release Altitude from any and all liability which may arise from, such third parties’ unauthorized collection of your personal information.

12. Modifications of this Privacy Policy.

KSE Radio may supplement, amend, or otherwise modify this Privacy Policy at any time without notice to you.  Such supplements, amendments and other modifications will be posted on this or a similar page of the Site and the App, and shall be deemed effective as of their stated effective or modification date.  It is your responsibility to carefully review this Privacy Policy each time you visit, access, register with or use the Site or the App.

Again, by visiting, accessing, registering with or using the Site or the App, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the most-recent version of Altitude’s Terms and Conditions, and your continuing visit, access, registration with or use of the Site and/or the App reaffirms your acceptance and agreement in each instance.

13. Severability.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

14. Contact Us.

Please direct any questions you may have about this Privacy Policy to [email protected], with a subject line of “Privacy Policy.”  The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

15. International Users.

For any of the above purposes and in view of KSE Radio global operations, you agree that Altitude may transfer some or all of your personal information, your non-personal information and/or other data to countries outside your resident jurisdiction, and may process and/or store such information in the United States of America.  You agree and recognize that countries outside of your jurisdiction may not have as comprehensive data protection laws as those existing in your resident jurisdiction.  For more information please contact Altitude in the manner described in section 14 above.

16. Modification Date.

This Privacy Policy was last modified on August 20, 2018.

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