Effective Date: October 29, 2019.
1. Introduction and Overview.
2. Information Collection.
A. Information You Provide.
We may collect information (including through our Service Providers) when you use the Service. The information we may collect includes information that identifies you personally, whether alone or in combination. Some examples of information you may provide include your name and email address when you subscribe to our newsletters, submit your resume and other related information when you apply for a job, and the content of messages you send us through the Service.
You may also choose to voluntarily submit other information to us through the Service that we do not request, and, in such instances, you are solely responsible for such information.
B. Information Collected Automatically.
In addition, we may collect information (including through our Service Providers) when you use the Service. Some examples of information we may collect include website use data, including data about the pages you visit, the emails and advertisements you view, the time of day you browse, and your referring and exiting pages; device connectivity data, including data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address; and location data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level).
We use various current – and later – developed technologies to automatically collect information (“Tracking Technologies”), including the following:
• Log Files, which are files that record events that occur in connection with your use of the Service.
• Cookies (the less delicious kind), which are small data files stored on your device that act as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience and supporting security features. Additionally, persistent cookies allow us to bring you advertising. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.
Some information about your use of the Service and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain Third Party Services.
For further information on Tracking Technologies and your rights and choices regarding them, see the “Third Parties” and “Your Rights and Choices” sections below.
C. Information from Other Sources.
3. Use of Information.
• Manage our Service, including provide access to our content (yay!).
• Perform services requested by you.
• Respond to your comments, questions, and requests, and provide customer service.
• Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
• Prevent and address fraud, breach of policies or terms, and threats or harm (yikes!).
• Monitor and analyse trends, usage, and activities.
• Conduct research, including focus groups and surveys.
• Improve the Service or other FilmNation websites, apps, marketing efforts, products and services.
• Develop and send you personalized marketing, including advertisements and communications about our and third party products, offers, promotions, rewards, events, and services.
• Serve advertising tailored to your interests.
• Fulfill any other purpose disclosed to you or with your consent.
Notwithstanding the above, we may use information that does not identify you for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use information about you, please see the “Your Rights and Choices” section below.
4. Sharing of Information.
• Service Providers. We may share information with our agents, vendors, and other service providers (collectively “Service Providers”) in connection with their work on our behalf. Service Providers assist us with services such as data analytics, marketing and advertising, website hosting, and technical support. Service Providers are prohibited from using information about you for any purpose other than to provide this assistance, although we may permit them to use information that does not identify you for any purpose except as prohibited by applicable law.
• Affiliates. We share information with our related entities including our parent and sister companies. For example, we share information with our affiliates for customer support, marketing, and technical operations.
• Partners. We may share information with our partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities. For example, we share information with producers during pre-production, principal photography and post production to compensate individuals working on motion pictures.
• Facilitating Requests. We share information with third parties for purposes of facilitating your requests or enabling enhancements, such as when you share our awesome new trailer on Instagram.
• Merger or Acquisition. We may share information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
• Security and Compelled Disclosure. We may share information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also share information to protect the rights, property, life, health, security and safety of us, the Service or any third party.
• Consent. We may share information to fulfill any other purpose disclosed to you or with your consent.
Notwithstanding the above, we may share information that does not identify you with third parties except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.
5. Third Parties.
A. Third Party Services.
B. Third Party Features.
C. Analytics and Interest-Based Advertising.
Our Service contains Tracking Technologies owned and operated by Third Parties. For example, Google Analyticshelps us analyze your use of the Service, compile statistic reports on the Service’s activity, and provide us with other services relating to Service activity and internet usage.
For further information on Tracking Technologies and your rights and choices regarding them, please see the “Information Collected Automatically” and “Your Rights and Choices” sections.
6. Your Rights and Choices.
A. Tracking Technology Choices.
Most browsers accept cookies (the less delicious kind) by default. You can change your browser settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
Don’t worry, your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. To learn more about “Do Not Track,” visit http://www.allaboutdnt.com.
Please be aware that if you disable or remove Tracking Technologies some parts of the Service may not function correctly.
B. Analytics and Interest-Based Advertising.
You can opt-out of your data being used by Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.
C. Your California Privacy Rights.
For our West Coast friends, California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us as set out in the “Contact Us” section below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through the provided email address or mail address.
D. Your European Privacy Rights.
For our cross-Atlantic friends in Europe, you have additional rights as set out in the “Additional Disclosures for Data Subjects in Europe” section below.
The Service is not directed to children under thirteen (13) and we do not knowingly collect personal information from children as defined by the U.S. Children’s Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe we have collected children’s personal information in violation of COPPA, please contact us as set out in the “Contact Us” section below.
8. Data Security.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.
9. International Transfer.
11. Contact Us.
Business & Legal Affairs Department
150 West 22nd Street
New York, NY 10011
12. Additional Disclosures for Data Subjects in Europe.
A. Data Controller.
Data protection laws in Europe make a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”).
FilmNation acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements.
B. Lawful Basis for Processing.
Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us, our Service Providers, or our partners; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests.
C. Your European Privacy Rights.
For our cross-Atlantic friends in Europe, you have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to transfer your data or even restrict or object to our processing of personal data we have collected. You can also ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
You may exercise your rights by submitting a written request to us at the address set out in the “Contact Us” section above. We will respond to your request within 30 days. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
If you have a complaint about our use of your personal data or response to your requests regarding your personal data, you may submit a complaint to the data protection regulator in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator, and would welcome you directing an inquiry first to us. In addition to the contact information above, please contact our:
Data Protection Officer