Privacy Policy

PRIVACY POLICY
Effective Date: Sept. 1, 2005

Your privacy is important to us. New Tier Communications respects and protects the privacy of our customers. We carefully ensure the confidentiality of each customer's account information. And we recognize that, as the provider of online services, we must also ensure the privacy of each customer's personal information.

Collection of Personal Information

New Tier Communications and their partners collect personal information in a number of circumstances. For example, when you visit a New Tier Communications hosted website, we may collect personal information from you such as name, home address, e-mail address, age, favorite sports team, purchase history, subscription history, phone number used to call customer service and credit card information for purposes such as events and contests, pay per view, monthly and annual subscriptions; registrations for newsletters, video highlights and video offerings, chat room and bulletin board; shopping in the shopping area; and participation in other promotions and interactive online activities. We may collect personal information with your consent or as required or permitted by law. We may receive and store certain types of information whenever you visit the Site. For example, we may collect click-stream data and your IP address. We may receive information about you from other sources and add it to your personal information.

Email Communications

When you open emails from the Site, we may receive a confirmation noting you opened an email from us, if your computer supports such capabilities. We also may keep track of what emails we send you and what emails you may be receiving from the us and our partners. Additionally, we keep a record of what emails you have opted to and not to receive.

How Information May Be Collected

We may collect information from you in several different areas on the Site, including but not limited to those described below:

Registration

You may be asked first to complete a registration form and provide personally identifiable information; you may also be asked to choose a user ID and password in order to take advantage of certain features the Site may choose to offer, including, but not limited to, partner Networks, Newsletters, Contests, Forums, Fantasy or other subscription based services.

Newsletters and Site Emails

We may offer free newsletters to share information with you about the Site, about us and our affiliates and subsidiaries, or about our business partners and advertisers and sponsors. You may receive a newsletter either by registering for a particular newsletter or in conjunction with a special feature or membership for which you have registered on the Site. You may cancel your free email subscription by following the instructions provided on the Site or, in some instances, in the designated area of certain newsletters or emails.

Contests or Sweepstakes

We may operate contests and sweepstakes through the Site which may require registration. Your personally identifiable information may be used to contact you for winner notification, prize delivery confirmation or other related purposes. We may ask your permission to allow us to post publicly some of your information on the Site, such as on a winner’s page, in the event you win a contest or sweepstakes. We will not post your information without your permission. In some instances, a third party advertiser or sponsor may operate or host a contest or sweepstakes on the Site, and collect your information. In those cases, where we are not the operator or host of the contest or sweepstakes, we have no control over the information collected and accordingly urge you to review the advertiser's or sponsor's privacy policy applicable to the contest or sweepstakes before participating.

Surveys or Voting

From time-to-time we may request personally identifiable information from you via surveys or voting polls. Participation is voluntary and you will have the opportunity to decide whether or not to disclose information. At times, you may have to register to vote or to take part in a survey.

Cookies

As with many Web sites, the Site uses standard technology called "cookies," which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your Web browser to the Site whenever you visit the Site, and make using the Site easier for you by saving your passwords, purchases, and preferences. By tracking how and when you use the Site, cookies help us determine which areas are popular and which are not. Many improvements and updates to the Site are based on data obtained from cookies. Accepting cookies allows you, among other things, to personalize your experience on the Site. Cookies may also allow the Site to present to you advertising which may be of interest to you . If you do not want information collected through the use of cookies, you generally can opt out of providing this information by turning the cookies off in your browser; however, some areas of the Site may not provide you with a personalized experience if you have disabled the use of cookies.

IP Addresses and Click-stream Data

We may collect IP addresses and/or click-stream data for purposes of system administration and to report aggregate information to our advertisers and sponsors. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address. Click-stream data is information collected by our computers when you request Web pages from the Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. When analyzed, this data helps us analyze how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.

Transaction Information

If you order any information from our Site, buy any of our products or subscribe for any of the services offered on our Site, we will ask you to complete an order form that will request certain information from you, including financial information such as a credit card number and expiration date and general contact, billing and shipping information. We will use this information to complete the transaction that you have requested, i.e., to deliver the information, products or other services that you order, and to invoice you. Such information is collected and stored through encrypted means for your protection.

With Whom the Information May Be Shared


At times, we may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others:

  • Agents: We employ other businesses, certain services and individuals to perform functions on our behalf. Examples include fulfilling orders, sending e-mail, removing repetitive information from customer lists, Site analysis, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They may have access to personally identifiable information needed to perform their functions, but may not use it for other purposes.
  • Promotional Offers: We may send offers to you on behalf of other partners. When we do this, we do not give that partner your name and address. If you do not want to receive such offers, you may opt out in the email or change your preferences.
  • Aggregate Information: We may share aggregate information such as demographics and Site usage statistics to advertisers, sponsors or other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.
  • Opt-in and Opt-out Programs: Throughout the Site you may be presented with opportunities to receive special offers from third parties. An opt-in/opt-out message will ask you if you would like your information to be shared. If you do choose to have your information shared, in an effort to protect you, third parties who have access to personally identifiable information must abide by the current Site privacy policy. However, we are not responsible for the privacy practices of these other companies, and you should review the privacy practices of such Web sites prior to providing your personally identifiable information.
  • Business Transfers: The Site or New Tier Communications may be sold along with its assets, or other transactions may occur in which your personally identifiable information is one of the business assets transferred. In such a case, your personally identifiable information, which we have gathered, may be one of the business assets transferred.
  • New Tier Communications Partners Subsidiaries and Affiliates: We may share your information (including, without limitation, personally identifiable information) with subsidiaries and affiliates of New Tier Communications.
  • Legal Process: In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.

Chat Rooms, Forums, and Message Boards

The Site may make chat rooms, forums and message boards available to its users. You are not required to provide any personal information when using these areas but you may choose to do so. If you post personal information online, it will be publicly available and you may receive unsolicited messages from other parties. New Tier Communications cannot ensure the security of any information you choose to make public in a chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose personal information in these areas.

Links to Other Websites

You should be aware that when you are on the Site you could be directed to other sites beyond our control. For example, if you "click" on a banner advertisement, the "click" may take you off the Site onto a different Web site. This includes links from advertisers, sponsors and partners that may use the Site's logo as part of a co-branding agreement. These other Web sites may send their own cookies to you, independently collect data or solicit personal information and may or may not have their own published privacy policies. If you visit a Website that is linked to our Site, you should consult that site's privacy policy before providing any personal information. This policy applies only to this Site.

Security

This Site incorporates reasonable safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information that we may collect and we have put into place reasonable precautions to protect such information from loss, misuse and alteration. Your personally identifiable information is transferred to our computers utilizing encryption software. Only those employees who need access to your information in order to do their jobs are allowed access. Our security policies are reviewed periodically and revised as required.

A Special Note for Parents Concerning Privacy

At New Tier Communications, we take our responsibilities to our younger visitors seriously. It is the intention of New Tier Communications, the operator of this website, and our Partners to fully comply with the requirements of the Children's Online Privacy Protection Act and the Guidelines promulgated by the Children's Advertising Review Unit of the Better Business Bureau.

In general, we do not knowingly collect personal information from children under 13 ("children") via the website, and we use age screening mechanisms to help prevent children from posting personal information on the website, such as in our fan chat rooms. We do not require children to register or to otherwise disclose personal information to participate in the activities in the KIDS section of our website.

From time to time, we may offer children the opportunity to enter promotions or contests via the Site. In those cases, the child will be asked only to provide an email address, as well as his or her parent's email address. Upon receipt of the information, we will send an email to the parent indicating that the child has registered, providing information on the program and giving instruction on how the parent can remove the child from the promotion or contest. We will then use the information only to notify the contest winners and their parents that they have won. We require that the winner's parent provide us with all information needed to award the prize. Information collected during the contest will not be used or stored after the contest ends, other than as needed for legal requirements in connection with the promotion. In no event will New Tier Communications collect any personal information from children in connection with an on-line contest or promotion other than email address and parent's email address. In no event will New Tier Communications use the personal information other than for purposes of awarding contest prizes.

We may also post information on the website about other promotions or contests that are open to children but that require other personal information (such as home address or favorite team) to enter. For these contests, children will be required to print a paper entry form from the website and have their parents sign and mail or fax the form to us. Children are not permitted to independently provide personal information via the website or to enter these contests online.

Notification of Changes and Your Acceptance of this Privacy Policy

By using this Site, you signify your agreement to the terms of our privacy policy. If we decide to change or update this privacy policy, we will give you notice of the changes made so you can be aware of such revised privacy policy. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify you by way of an email or some other means. Your continued use of the Site shall constitute your acceptance of such revised privacy policy.

Correcting/Updating Personal Information

If your personally identifiable information changes (such as your zip code), or if you no longer desire to access our Site, we will endeavor to provide a way to correct, update or remove the personal data you have provided to us. This can be done by making changes to your profile, by using an opt out message in an email, or by emailing Member Services at webmaster@newtier.com. If you have any questions about this privacy policy or the privacy practices of this Site, contact webmaster@newtier.com or at:

New Tier Communications

15785 N Greenway-Hayden Loop

Suite 109

Scottsdale, AZ 85260