PRIVACY POLICY

 

Effective Date: October 2017. 

 

1.      INTRODUCTION AND OVERVIEW.  This Privacy Policy describes how Vision Media Management & Fulfillment, LLC (“Vision Media,” “we,” “our,” or “us”) collects, uses, and shares information about you and applies to your use of any online service location that posts a link to this Privacy Policy and all features, content, and other services that we own, control and make available through such online service locations (collectively, the “Service”).  This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below or at the time of collection).

 

By using our Service or otherwise providing your personal information to Vision Media, you accept and consent to the practices described in this Privacy Policy and our Video Privacy Notice and Consent, and you agree to our Terms & Conditions.

 

2.      UPDATES TO PRIVACY POLICY.  We reserve the right to revise this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Subject to applicable law, your continued use of our Service indicates your consent to the Privacy Policy posted.  If the changes are material, we may provide you additional notice, to your email address. 

 

3.      INFORMATION COLLECTION PRACTICES

 

A.        Information You Provide to Us.  We collect information you provide directly to us via the Service.  For example, we collect information when you use or register for our Service, access content on the Service, or request information from us.

 

The information we collect may include Personal Information.  “Personal Information” is information such as your first and last name, phone number, mailing address, email address, and other information that can be used to identify you individually (whether alone or in combination.  You may choose to voluntarily submit certain other information to us through the Service, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not collected such information or requested that you submit such information to us.

 

Personal Information once “de-identified” will not be subject to this Privacy Policy and we and our Service Providers (defined below) may treat it as non-Personal Information and use it without obligation to you except as prohibited by applicable law. 

B.        Information We Collect Automatically.  We and our Service Providers may automatically collect certain information about you when you access or use our Service (“Usage Information”).  Usage Information may include your IP address, device identifier, Ad ID, browser type; operating system characteristics, data regarding network connected hardware (e.g., computer or mobile device), and information about your use of our Service, such as the time and duration of your visit, how you arrived at our Service, the digital screeners (including the video, audio, images, music, graphics, software, and text contained therein) on the Service (“Screener Content”) you access, the number of times that you view particular Screener Content, the percentage of Screener Content that you view, and the geographic area where you access the Screener Content.  Except to the extent required by applicable law, Vision Media does not consider Usage Information to be Personal Information.  However, Usage Information may be combined with your Personal Information.  To the extent that Usage Information is Personal Information under applicable law, we will treat the combined information as Personal Information under this Privacy Policy. 

In certain circumstances, we may need to transmit or display to others your Personal Information along with information pertaining to your viewing habits of video content.  By using the Service, you consent to our doing so, including our use, disclosure, and other activities as described in our Video Privacy Notice and Consent.

The methods that we and our Service Providers may use to collect Usage Information include:

·         Log Information: We collect information about your use of our Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and store it in log files.

 

·         Information Collected by Cookies and Other Tracking Technologies: We may use cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, in-app tracking methods, facial recognition, and other tracking technologies now and hereafter developed (“Tracking Technologies”) to collect information about interactions with our Service or emails, including information about your browsing and viewing behavior, and to ensure that only authorized users and devices can access the Service and Screener Content.

 

o   Cookies

A cookie is a small text file that is stored on a user’s device. We use both session ID cookies and tracking cookies. Session cookies make it easier for you to navigate our Service and expire when you close your browser. Tracking cookies help us understand how you use the Service, and enhance your user experience.  We use cookies to store your password so you do not have to re-enter it each time you visit the Service.  Cookies remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some features and functionalities of our Service may not work. 

o    Web Beacons (“Tracking Pixels”)

 

Web beacons are small graphic images, also known as "Internet tags" or "clear gifs," embedded in web pages and email messages. Web beacons may be used to count the number of visitors to our Service, to monitor how users navigate the Service, and to count how many particular articles or links were actually viewed.

 

o    Embedded Scripts

 

An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.

 

o   Location-identifying Technologies

 

GPS (global positioning systems) software and other location-based technologies locate you for purposes such as verifying your location and delivering relevant content based on your location.

 

o   In-App Tracking Methods

 

There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings.  Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app.

 

o   Facial Recognition

 

We provide you with the option of signing in to your account using facial recognition technology. To do so, the camera on your device collects information about your facial features in different poses and light conditions.  This information is stored as a long series of numbers.

 

We are giving you notice of the Tracking Technologies and your choices regarding them, as explained in Section 12 below, so that your consent to encountering them is meaningfully informed. 

 

            C.        Information From Other Sources.  We may also obtain information about you from other sources and combine that with information we collect about you.  For example, we may receive membership lists from the guilds, unions, trade associations, or other organizations participating in the voting-based awards program and in which you are a member (“Voting Groups”).  To the extent we combine such third party sourced information with Personal Information we collect directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Policy.  We are not responsible for the accuracy of the information provided by third parties or third party practices.

 

4.      USE OF INFORMATION.  We may use information about you for any purposes not inconsistent with our statements under this Privacy Policy or prohibited by applicable law, including to

 

  • Facilitate, manage, personalize and improve your online experience;
  • Respond to your comments, questions and requests, provide customer service, send you informational notices, and contact you if we need to obtain or provide additional information;
  • Determine your location, authorize your access to the Service and Screener Content, monitor your use of the Service and Screener Content, and enforce the content protection and anti-piracy policies of the studios, independent film makers, and other individuals or entities that own, license, have intellectual property rights in, or have provided Screener Content to Vision Media for use on the Service (“Content Providers”);
  • Compile research and analysis regarding your use of the Service and Screener Content and assist the Content Providers and Voting Groups in doing the same;
  • Prevent and address fraud, breach of policies or terms and threats or harm; and
  • Send you information about upcoming screenings and available Screener Content.

5.      TRANSFER OF INFORMATION.   Our agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, including Personal Information and Usage Information, in connection with their work on our behalf. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes. 

 

We may also share information about you with third parties as follows:

 

·         To comply with the law, law enforcement or other legal process, and except as prohibited by applicable law, in response to a government request;

 

·         To protect the rights, property, life, health, security and safety of us, the Service or any third party;

 

·         To protect the intellectual property rights of the Content Providers;

 

·         With our subsidiaries and affiliates for their own internal business purposes;

 

·         With Content Providers (in de-identified form) and Voting Groups for their own business purposes; and

 

·         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 company.

 

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose. 

 

6.      ANTI-PIRACY.  The Screener Content has been marked with a digital watermark traceable to you.  Vision Media reserves the right to disclose your information (anonymous or not) to third parties, including to Content Providers and Voting Groups, in accordance with applicable law, where a complaint or suspicion arises concerning your use of or access to the Screener Content, where Vision Media reasonably believes that such disclosure is necessary to investigate, prevent, or take action regarding illegal or other suspicious activities relating to Screener Content, or when Vision Media, in its sole and absolute discretion, believes that your use of Screener Content is inconsistent with this Privacy Policy or the Terms & Conditions.

7.      THIRD PARTY SERVICES.  Our Service includes hyperlinks to websites, locations, platforms, or services operated by third parties ("Third Party Service(s)"). These Third Party Services may use their own cookies, web beacons and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.

 

The information collected and stored by third parties remains subject to their privacy practices, including whether they continue to share information with us, the types of information shared, and your choices on what is visible to others on Third Party Services.  We are not responsible for and make no representations regarding the policies or business practices of any third parties or Third Party Services and encourage you to familiarize yourself with and consult their privacy policies and terms of use.

 

8.      Analytics ServiceS and Online TrackingWe may engage and work with third parties to provide analytics services about the use of our Service and Screener Content. These entities may use cookies and other Tracking Technologies to automatically collect information about you and your activities, such as registering a unique identifier for your device and tying that to your online activities on and off of our Service.  We may use this information to analyze and track data, determine the popularity of certain content, including Screener Content, and better understand your online activity.

We are not responsible for third parties or Third Party Services associated with analytics services and related tracking activities.  Consult their privacy policies and notices for information on their practices. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.

9.      DATA SECURITY.  We take reasonable measures 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 your information collected through our Service.

 

10.  INTERNATIONAL TRANSFER.  We and our third party hosting providers are based in the U.S. and the information we collect is governed by U.S. law.  If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored and used in the U.S.  Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.

 

11.  CHILDREN’S PRIVACY.  Our Service is not intended for children and is not targeted to children under the age of thirteen (13).  However, with parental consent, we may allow Voting Group members under the age of thirteen (13) to use the Service.  We do not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA.  If you are a parent or guardian and believe we have collected Children’s Personal Information in a manner not permitted by COPPA, please contact us at PLACEHOLDER and we will remove such data to the extent required by COPPA.  For further information on how we treat Children’s Personal Information, please see our Children’s Privacy Notice, which will be deemed incorporated herein.

 

12.  CHOICES:  TRACKING AND COMMUNICATIONS OPTIONS

 

A.        Tracking Technologies Generally.  Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings.  Browsers offer different functionalities and options so you may need to set them separately.  Please be aware that if you disable or remove cookies some parts of our Service may not work and that when you revisit our Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.  With respect to our mobile applications, you can stop all collection of information by uninstalling the app.  Also, you may be able to exercise specific privacy choices, such as enabling or disabling location identifying services, by adjusting the permissions in your mobile device.

B.        Communications.  You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link or changing your communication preferences by logging onto your account.  Please note that your opt-out is limited to the email address used and will not affect subsequent subscriptions.  If you opt-out of only certain communications, other subscriptions may continue.  Even if you opt-out of receiving promotional emails, we may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations. 

Our mobile applications may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding Screener Content that may be of interest to you. These can be configured in Settings.  As with emails, even if you opt-out of receiving promotional communications, we may continue to send you non-promotional push notifications, such as those about your use of the applications or our ongoing business relations. 

 

13.  YOUR CALIFORNIA PRIVACY RIGHTS.  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. Under this law, a business must either provide California customers certain information upon request or permit California customers to opt-in to, or opt-out of, this type of sharing.

 

We may from time to time elect to share certain information about you collected by us on the Service with Voting Groups for the Voting Groups own direct marketing purposes.  If you are a California resident, you may request information about our compliance with this law by contacting us at PLACEHOLDER or by sending a letter to PLACEHOLDER.  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 only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.

 

14.  CONTACT USFor any requests relating to your Personal Information, or if you have any questions about this Privacy Policy, please contact us at:

PLACEHOLDER 

PLACEHOLDER 

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