The X Factor

1. INTRODUCTION

Fox Broadcasting Company, Syco TV a division of Simco Limited and FremantleMedia North America, Inc. (collectively, " THE X FACTOR, " "we" or "us") provide www.THEXFACTORUSA.com, an entertainment website (" THE X FACTOR Website") and related services, such as, applications, community pages and any other features, content, promotions or games offered from time to time by THE X FACTOR including when accessed via the Internet, mobile or other devices (collectively, " THE X FACTOR Services"). Fox Broadcasting Company is part of the United States based operations of News Corporation. FremantleMedia North America, Inc. is part of the United States based operations of FremantleMedia Group.

As set forth in THE X FACTOR Terms of Use, THE X FACTOR Services are general audience, are not targeted to children, and do not knowingly collect personal information from children under 13 years of age.

This Privacy Policy applies to all users, including both those who use a THE X FACTOR Service without being registered with THE X FACTOR or subscribing to a THE X FACTOR Service and those who have registered with or subscribed to any THE X FACTOR Service. This Privacy Policy describes THE X FACTOR's collection and use of users' personal information (e.g., information that identifies a specific person, such as full name or email address) where that information is not otherwise publicly available on THE X FACTOR Services. We also describe generally THE X FACTOR's practices for handling non-personally identifiable information (e.g., interests, demographics and site usage) to the extent such information is associated with a particular user or user account. Your access to and use of certain THE X FACTOR Services may require you to accept additional terms and conditions or a privacy policy applicable to such THE X FACTOR Services.

This Privacy Policy shall not apply to any unsolicited information you provide to us on or through THE X FACTOR Services ("Unsolicited Submissions"). Please see our Terms of Use for our policies regarding such Unsolicited Submissions. All such Unsolicited Submissions shall be deemed to be non-confidential, and we shall be free to reproduce, use, disclose and distribute such Unsolicited Submissions to others without limitation or attribution.

2. SUBMISSION AND COLLECTION OF INFORMATION ON THE THE X FACTOR SERVICES

User Submitted Information

Registration Information is the information that users must provide to THE X FACTOR at registration for a THE X FACTOR Service, for example, to receive a newsletter, enter a contest or sweepstakes, play a game or take a survey. Registration Information may include, for example, name, email address, zip code and birthday. Public Information and Posts consist of comments or content that you post to THE X FACTOR Services and the information about you that accompanies those posts or content, such as a username and/or user picture.

Public Information and Posts will always be public which means it will be available to everyone and will be displayed in search results both on THE X FACTOR Services and on external search engines.

Third Party Information and Content. If you access a THE X FACTOR Service through a third party connection or log-in, your user submitted information may also include your user ID and/or user name associated with that third party service, any information/content you have permitted the third party to share with THE X FACTOR, and any information you have made public in connection with that third party service (collectively, "Third Party Information and Content"). Third Party Information and Content obtained in this manner will be governed by this Privacy Policy, any applicable policy of the third party and the terms and conditions and/or terms of use for THE X FACTOR Service.

THE X FACTOR Collected Information

Transactional and Site Activity Information. When users access THE X FACTOR Services, we collect certain non-personally identifiable information about those visits. For example, in order to permit your connection to THE X FACTOR Services, 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 X FACTOR 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 may also use cookies and other tracking technologies (such as browser cookies, pixels, beacons, and Adobe flash technology), 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 site. These technologies may be used to collect and store information about your usage of THE X FACTOR Services, such as pages you have visited, search queries you have run, and advertisements you have seen. THE X FACTOR may also use cookies and similar tools to relate your use of THE X FACTOR Services to personal information 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 X FACTOR Website 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.

Third parties that support THE X FACTOR Services by serving advertisements or providing services, such as providing users with the ability to comment on content, allowing users to share content or tracking aggregate site usage statistics may also use these technologies to collect similar information. THE X FACTOR does not control these third party technologies and their use is governed by the privacy policies of these third parties using such technologies. For more information about third party ad networks that use these technologies, see www.aboutads.info.

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 THE X FACTOR Services.

Third Parties. To improve the quality of our services, THE X FACTOR may supplement the information we collect with information we obtain from third parties. If you access a THE X FACTOR Service through a third party connection or log-in, we may also collect Third Party Information and Content.

Collection of Payment Information by a Third Party. If you elect to purchase a product or service in connection with THE X FACTOR Services you will be required to provide your payment information which may include your credit card information, billing address or other payment information, full name, phone number and shipping address (collectively, "Payment Information") in order to purchase such product or service. You acknowledge and agree that this Privacy Policy will not apply to any Payment Information that you provide to any independent third party company on THE X FACTOR Services 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 THE X FACTOR will have no liability for or control over such independent third party company's use or protection of your Payment Information. You should check the privacy policy of the independent third party company‘s website to determine how it will handle any Payment 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 Payment Information, THE X FACTOR 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.

3. NOTICE & CHOICE

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

Privacy Policy Changes. The X Factor 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 email or a prominent posting on The X Factor Website. In the event the last email address you provided to The X Factor is not valid or is not capable of delivering the notice to you, THE X FACTOR's dispatch of an email containing the notice to that e-mail address shall nonetheless constitute effective notice.

Location of Data. The The X Factor 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, processed, and stored in the United States and other countries where data protection and other privacy laws may not offer the same level of protection as in your jurisdiction, such as the European Union. This includes the use of cookies and other tracking technologies as described above. As a result, please read this Privacy Policy with care.

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

4. USE & DISCLOSURE

Information Made Public Through Use of The X Factor Services

Users' Public Information and Posts are always publicly available to anyone, including other users, search engines, advertisers, third party application developers, and anyone else with access to The X Factor Services.

Third Party Information and Content may be publicly available according to the permissions you grant to THE X FACTOR, the applicable policies of the third party and the terms and conditions and/or terms of use for The X Factor Service.

We only share your non-public personal information with non-affiliated third parties when we believe sharing is permitted by you or authorized by this Privacy Policy. In addition, The X Factor may share your personal information with Fox Affiliated Companies.

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

To provide and manage The X Factor Services. We use the information we collect from and about users to provide The X Factor Services and features to you, including to measure and improve those services and features, to personalize your experience by delivering relevant content, advertising and marketing messages, to allow you to comment on content, participate in online games, contests, promotions or rewards programs, to enable you to communicate and share with other users or services, and to provide you with customer support and respond to inquiries. We may use aggregated, anonymous data about use of and activity on The X Factor 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 X Factor Services. The X Factor 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 The X Factor Services by, for example: developing or supporting products and features; conducting email marketing on our behalf; processing payments; administering message boards; fulfilling orders; processing data or statistics; or assisting with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside 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 THE X FACTOR.

To contact you. The X Factor may periodically send promotional materials (e.g., newsletters) or notifications related to The X Factor Services to the email address you provided to us at registration or subscription to your account. If you want to stop receiving promotional materials from THE X FACTOR, Fox Broadcasting Company, Syco TV and FremantleMedia North America, Inc., follow the unsubscribe instructions at the bottom of each party's email. There are certain service notification emails that you may not opt-out of as long as you are registered with or subscribed to The X Factor Services, such as notifications of changes to The X Factor 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 X Factor Services through cookies and other technologies, to assist us in delivering you relevant ads when you visit The X Factor 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 X Factor 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.

To protect the rights of The X Factor and our users. There may be instances when The X Factor may disclose user information without providing notice or choice, including situations where The X Factor has a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of THE X FACTOR, the Fox Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of The X Factor Services or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

To complete a merger or sale of assets. If The X Factor 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, The X Factor may transfer your information to the party or parties involved in the transaction as part of that transaction.

5. SECURITY

The X Factor uses reasonable administrative, technical, personnel and physical measures to safeguard user information in its possession against loss, theft and unauthorized use, disclosure or modification. Unfortunately, no transmission of data over the Internet can ever be guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, The X Factor cannot ensure or warrant the security of any personal information you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by emailing privacy@fox.com.

6. USER CONTROL

You may cancel your account by clicking on "delete your account" and may unsubscribe to The X Factor newsletter by clicking the "unsubscribe" link at the bottom of the newsletter e-mail. Remember that even after you cancel your account, copies of some information that is publicly viewable may remain viewable in circumstances where, for example, you have commented on content on The X Factor Services or if another person copied, stored or shared your information. We may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies.

If you would like to stop receiving messages from us on your mobile phone, please reply to the message with "STOP." You may also contact your wireless carrier for additional information on receiving or stopping mobile messages.

7. CONTACT US

If you have questions about this Privacy Policy, please contact The X Factor by emailing privacy@fox.com.

Your California Privacy Rights. California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send a request to the contact information above.