Privacy Policy

Effective Date: May 11, 2020

TABLE OF CONTENTS

INFORMATION WE COLLECT

We may collect different types of information during your interactions with our Site. We do not presently collect all the types of information described below, but we may add features to the Site from time to time that enable the collection of information beyond what we presently collect. This information (collectively, “information”) may include personal information (e.g., name, contact information and payment information), technical information (e.g., IP address, browser type, operating system) and usage information (e.g., how you use and navigate to and from our Site, and information about content or advertisements you have been shown or have clicked on). Information may be collected using cookies, web beacons, pixels, and other technologies by us or by other companies on our behalf. The Information we may collect is described in more detail below:

Registration, account, and sign-up information. This Information is collected during your use of, or registration with, our Site. For example, when you create an account or sign-up for a product or service, you may provide us with certain personal information, such as name, phone number, postal address, fax number, email address, or certain payment information. We may also collect Information about your interests and use of various products, services, and content.

Other information you provide to us. We may provide opportunities for you to share other information about yourself by, such as forums, contests, comment areas or other places where you can be part of the Site’s community. Sometimes you may also choose to provide more sensitive information to us, such as information regarding your health, physical statistics, ethnicity, beliefs, relationships, sexual orientation, opinions, or membership in organizations. We collect this sensitive information with your consent, if required by law, and we take all additional steps that may be required by law in handling and protecting sensitive information.

Information from others inviting friends. We may sometimes collect Information that other people submit about you. A friend might submit Information to invite you to participate in an offering, make recommendations, or share content or may provide access to the friend’s contacts.

Information from other sources. We may sometimes combine Information we receive from you or from your friends with other information about you that is available from other sources, such as public records, and we may use that combined information in accordance with this Privacy Policy.

Social Media. You may engage with some of our content and offerings, through third party communities, social media sites and applications (“Social Media Site”). When you link to or interact with our Site or content through a Social Media Site, you may allow us to receive certain Information from your social media account (e.g., name, user ID, email address, profile photo, photos and videos, gender, birthday, location, your list of friends and their contact details, people you follow and/or who follow you, the posts or the 'likes' you make). We may also receive Information from your interaction with our content on the Social Media Site. By providing this Information or otherwise interacting with us through a Social Media Site, you consent to our use of Information from the Social Media Site in accordance with this Privacy Policy. For information about how you can customize your privacy settings on any Social Media Site, and how those Social Media Site handle your personal information and content, please refer to their privacy policies, and terms of use.

Public forums. If you post or share Information or content, while participating in online forums and comment areas on our Site or our social media offerings, this Information or content and your identity may become public on the Internet or within a community of users. We cannot prevent further use of this Information once you share it in a publicly available context.

Technical and usage information. We also collect certain technical and usage information when you use our Site, such as the type of device, browser, and operating system you are using, your Internet service provider or mobile carrier, unique device identifier, IDFA or IDFV, MAC address, IP address, device and browser settings, the webpages and mobile apps you use, advertisements you see and interact with, and certain Site usage information. See our Cookies and Other Technical Information section for more information on how we may use these technologies to collect this Information.

HOW WE USE THE INFORMATION

We use the Information as described in this policy or as we may disclose at the time of collection or as you may otherwise consent.

Providing and marketing products and services. We use the Information we collect about you through our Site to fulfill your requests, and otherwise to analyze your use of our products, programs, services and content, to facilitate, enable and enhance your use of interactions with our Site and Social Media Sites that feature our content. We may use your Information to enable you to do things like (i) watch trailers, movies, programs, and video clips, (ii) get entertainment news and updates, (iii) get information about our products, services, and content, (iv) locate and access personalized information or functionality based on your location (e.g., find stores, theaters, or show times), (v) buy digital content or movie tickets, (vi) play games, (vii) engage with interactive features, activities, and Social Media Site, (viii) read and post comments, content, and reviews, or (ix) enter promotions, contests, and sweepstakes. We may also use Information to offer, market, and advertise products, programs, and services from us and third parties that we believe may be of interest to you.

Communicating with you and others. We use Information about you to communicate with you, such as (i) to notify you if you win one of our contests or sweepstakes or when we make changes to our policies or user agreements, (ii) to respond to your inquiries, (iii) to communicate with you about your purchases or transactions, (iv) to contact you about your account, or (v) to send you information about promotions, offerings, and Site features. We use Information that you provide about others to enable us to send them invitations, promotions, or other content on your behalf or through our Site.

Use of technical and usage information. We use technical and usage information to improve the design, functionality, and content of our Site and to enable us to personalize your experience with our Site and offerings. We use this Information (i) to provide, develop, maintain, protect, and improve our Site, products and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Site, (iii) to endeavor to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about categories of our users, and (iv) for us and select third parties to target, offer, market, or advertise products, programs, or services.

Compliance. We may use Information we collect to detect, investigate, and prevent activities on our Site that may violate our terms of use, could be fraudulent, violate copyright, or other rules or that may be otherwise illegal, to comply with legal requirements, and to protect our rights and the rights and safety of our users and others.

INFORMATION SHARING AND DISCLOSURE

We may share and disclose Information in the following ways or for any other purpose disclosed at the time of collection:

With your consent. We may disclose Information when you provide us with your consent to do so.

Legal and law enforcement purposes. We may disclose Information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency's request. We also may disclose such Information to third parties: (i) in connection with fraud prevention activities, (ii) where we believe it is necessary to investigate, prevent, or take action regarding possibly illegal activities, (iii) in situations that may involve violations of our terms of use or other rules, (iv) to protect our rights and the rights and safety of others, and (v) as otherwise required by law.

Change of control. We may transfer Information in the event of a business transaction, such as if we or one of our business units or our relevant assets are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization.

Service providers. Our agents and contractors may have access to Information to help carry out the services they are performing for us, such as, but not limited to, creation, maintenance, hosting, and delivery of our Site, products, and services, conduct marketing, handle payments, email and order fulfillment, administer contests, conduct research and analytics, or customer service.

Affiliates. We may disclose Information to affiliated companies, which may use the Information for all the purposes permitted by this Privacy Policy.

Third parties. We may also share Information with third parties, such as retailers, research organizations, advertisers, ad agencies, advertising networks and platforms, participatory databases, publishers, and non-profit organizations, which may want to market products or services to you. If we share personal information with such unaffiliated third parties for their own marketing purposes, we will provide you with an opportunity to opt out of such uses.

Links. Our Site contains links to other sites, whose information practices may be different from ours. Information you submit to other sites will be governed by the other sites privacy policies and terms and is outside of our control.

Sponsors and co-promotions. We may sometimes offer content or programs that are sponsored by or co-branded with identified parties. The sponsoring or co-branding parties may collect or obtain Information from visitors that participate in the activity. We have no control over these sponsoring or co-branding parties' use of this Information. We encourage you to visit the privacy policy of any such sponsoring or co-branding party to learn about their data practices prior to providing Information through sponsored or co-branded content or programs.

Advertising networks. We may share certain information with parties to provide advertising to you based on your interests.

YOUR CHOICES AND CONTROLS

Marketing communications and sharing with third parties. You may opt out of receiving our email marketing communications by emailing us at info@moviefone.com; you can also follow the "unsubscribe" instructions provided in any marketing email you receive from us.

For California residents, please see below for additional information on the choices we provide to you.

Ad Choices. We may work with third parties to present advertisements and to engage in data collection, reporting, ad delivery and response measurement, and site analytics. These third parties may use cookies, web beacons, pixels, or similar technologies to perform this activity. They may also obtain information about applications you use, websites you visit, and other information from across your devices and browsers in order to help serve advertising that may be more relevant to your interests on and off our Site and across your devices and browsers.

Precise location information. To disable the collection of precise location information from your mobile device through our mobile apps, you can access your mobile device settings and choose to limit that collection.

See also Cookies and Other Technical Information for more choices about managing other technical and usage information.

COOKIES AND OTHER TECHNICAL INFORMATION

Cookies and other technologies. We, and our affiliates, vendors, and business partners may send "cookies" to your computer or use similar technologies to understand and enhance your online experience at our Site and through our advertising and media across the Internet and mobile apps.

Cookies are small text files placed on your computer. We may also use pixels or "web beacons" that monitor your use of our Site. Web beacons are small strings of code that provide a method for delivering a graphic image on a webpage for the purpose of transferring data, such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser that fetched the web beacon, and the identification number of any cookie on the computer previously placed by that server. We may also use other technologies to perform similar functions as cookies and web beacons.

We may use cookies and other technologies to help recognize your browser or device, maintain your preferences, provide certain Site features, and collect Information about interactions with our Site, our content, and our communications.

We may also use cookies and other technologies (i) to provide, develop, maintain, personalize, protect, and improve our Site, products, programs, and services and to operate our business, (ii) to perform analytics, including to analyze and report on usage and performance of our Site and marketing materials, (iii) to protect against, identify, and prevent fraud and other unlawful activity, (iv) to create aggregate data about categories of our users, (v) to synchronize users across devices, affiliates, business partners, and select third parties, and (vi) for us and third parties to target, offer, market, or advertise products, programs, or services. Cookies and other technologies also facilitate, manage, and measure the performance of advertisements displayed on or delivered by or through us and/or other networks or Site. By visiting the Site, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities and your use of the Site through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you.

Managing cookies and other technologies. Cookies may either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to delete cookies.

You may adjust your browser to reject cookies from us or from any other website. Controlling cookies via browser controls may not limit our use of other technologies. Please consult your browser’s settings for more information. However, blocking cookies or similar technology might prevent you from accessing some of our content or Site features.

Some of our Site may use locally stored objects (“LSOs”) to provide certain content, such as video on demand, video clips, or animation, and a better user experience. Adobe's Flash player and similar applications use this technology to remember settings, preferences, and usage like browser cookies. Flash cookies are not managed through your web browser, but you can access your Flash management tools from Adobe's web site. Your browser may also offer other tools to delete or reject other LSOs; please check your browser’s settings or help menu for more information.

Our Site may use Google Analytics to analyze traffic. You can find out more information about Google Analytics cookies here: [https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage]. To opt-out of Google Analytics relating to your use of our Site, you can download and install the Browser Plugin available via this link: [https://tools.google.com/dlpage/gaoptout?hl=en].

We do not currently take actions to respond to Do Not Track signals.

See the Your Choices section to learn how to control data collection for certain purposes.

INFORMATION SECURITY

We have put in place reasonable controls designed to help safeguard the personal information we collect via the Site. However, no security measures are perfect, and we cannot assure you that personal information that we collect will never be accessed or used in an unauthorized way.

HOW YOU CAN ACCESS OR CORRECT INFORMATION

To access the personal information that we have collected about you online from Site on which this Privacy Policy is posted or to update your user profile, please log into your account if you have created one with us, or send an email to info@moviefone.com. For California residents, please see below for additional information on accessing information about you.

ADDITIONAL INFORMATION REGARDING CHILDREN'S PRIVACY

We do not knowingly collect information from children. For some content or services, we may ask the user to provide us with the user's age information. If the person indicates that he or she is under 13 years old, as permitted by law we will (i) collect no or limited personal information (e.g. persistent identifier and/or email address only) from that individual, (ii) inform the child that a parent's verifiable consent is required, and/or (iii) collect the email address of the user's parent in addition to the user's email address. We may use the parent's email address to seek the parent's verifiable consent or notify the parent of his/her child's online activities and enable the parent to unsubscribe his/her child from a newsletter or other similar activity. Once a parent provides consent, we may use any information from the child consistent with the rest of this Privacy Policy and/or the terms of the consent provided by the parent. If a user is under 13, we will not condition his/her participation in an online activity on the disclosure of more personal information than is reasonably necessary to participate in the activity. If you would like to review any personal information that we have collected online from your child, have this personal information deleted from our active servers, and/or request that there be no further collection or use of your child's personal information, or if you have questions about these information practices, you may contact us at info@moviefone.com.

INTERNATIONAL TRANSFER

We operate internationally, but our computer systems are currently based in the United States, this means Information we collect will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you use or visit our Site from outside the United States, you consent to the collection and/or processing in the United States of Information we collect from you.

NOTIFICATION REGARDING PRIVACY POLICY UPDATES

From time to time, we may update this Privacy Policy. We will notify you about material changes to this Privacy Policy by placing a notice on our Site. We encourage you to periodically check back and review this policy so that you always know our current privacy practices.

HOW TO CONTACT US

If you have any questions about this Privacy Policy you may contact us at: info@moviefone.com

CALIFORNIA AND CCPA PRIVACY RIGHTS AND DISCLOSURES

This California Privacy Rights and Disclosure section addresses legal obligations and rights laid out in the California Consumer Privacy Act, or CCPA. These obligations and rights apply to businesses doing business in California and to California residents and information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with California consumers or households (“California Information”). The information contained in this section applies to California Information collected and used by us and our affiliates. If you are a California resident interested in the rights that the CCPA grants to you, please review the following sections.

CALIFORNIA INFORMATION WE COLLECTED AND SHARED

This section provides the information California residents need to exercise their rights over their California Information. Here is information about the California Information we have collected from and shared about consumers over the twelve months prior to the Effective Date of this Privacy Policy.

California Information We Collected

In the year before the date this policy was issued, we and our predecessor may have collected the following categories of California Information:

• Name, address, and other identifiers
• Online identifiers – such as IP address, device IDs, or other similar identifiers
• Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Electronic network activity information – such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement
• Location information – (e.g. if you access our Site on your mobile device we may collect Information about your device’s precise location.)
• Online viewing activities (e.g., videos viewed, pages viewed)
• Inferences drawn from California Information, such as individual profiles, preferences, characteristics, behaviors.

We collected these categories of California Information for the following purposes:

• Performing services on behalf of the business, such as customer service, processing or fulfilling orders, providing content recommendations, and processing payments
• Auditing customer transactions
• Fraud and crime prevention
• Debugging errors in systems
• Marketing and advertising
• Internal research, analytics, and development – e.g., user-preference analytics
• Developing, maintaining, provisioning, or upgrading networks, products, services, or devices.

We obtained California Information from a variety of sources, including:

• Directly from you, including technical and usage information when you use our Site
• Linked sites, such as Social Media Site, and third-party platforms
• Our joint-ventures and promotional and strategic partners
• Information suppliers
• Distributors and other vendors
• Other users submitting California Information about you, such as to invite you to participate in an offering, make recommendations, or share content
• Publicly available sources.

California Information We Collected

In the year before the date this policy was issued, we may have shared these categories of California Information for operational purposes with providers who provide services for us:

• Name, address, and other identifiers
• Online identifiers – such as IP address, device IDs, or other similar identifiers
• Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Electronic network activity information – such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement
• Location information – (e.g. if you access our Site on your mobile device we may collect Information about your device’s precise location.)
• Online viewing activities (e.g., videos viewed, pages viewed)
• Inferences drawn from California Information, such as individual profiles, preferences, characteristics, behaviors.

The California Consumer Privacy Act defines ‘sale’ very broadly. It includes the sharing of California Information in exchange for anything of value. According to this broad definition, in the year before the date this policy was issued, we also sold the following categories of California Information:

• Name, address, and other identifiers
• Online identifiers – such as IP address, device IDs, or other similar identifiers
• Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Electronic network activity information – such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement
• Location information – (e.g. if you access our Site on your mobile device we may collect Information about your device’s precise location.)
• Online viewing activities (e.g., videos viewed, pages viewed)
• Inferences drawn from California Information, such as individual profiles, preferences, characteristics, behaviors.

YOUR CALIFORNIA PRIVACY RIGHTS TO REQUEST DISCLOSURE OF INFORMATION WE COLLECT AND SHARE ABOUT YOU

If you are a California resident, California Civil Code Section 1798.83 permits you to request information about our practices related to the disclosure of your personal information by us to certain third parties for their direct marketing purposes. You may be able to opt-out of our sharing of your personal information with unaffiliated third parties for the third parties’ direct marketing purposes in certain circumstances. Please send your request (along with your full name, email address, postal address, and the subject line labeled “Your California Privacy Rights”) by email at info@moviefone.com.

In addition, if you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to California Information. In particular, you can request the following:

• The categories and specific pieces of your California Information that we have collected
• The categories of sources from which we collected California Information
• The business or commercial purposes for which we collected or sold California Information
• The categories of third parties with which we shared California Information.

You can submit a request to us for the following additional information:

• The categories of third parties to which we have sold California Information, and the category or categories of California Information sold to each.
• The categories of California Information that we have shared with service providers who provide services for us, like processing your bill.

To exercise your CCPA rights with request to this information contact us at info@moviefone.com

YOUR RIGHT TO REQUEST THE DELETION OF CALIFORNIA INFORMATION

Upon your request, we will delete the California Information we have collected about you, except for situations when that information is necessary for us to: provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by the law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us.

To exercise your right to request the deletion of your California Information, contact us at info@moviefone.com.

YOUR RIGHT TO ASK US NOT TO SELL YOUR CALIFORNIA INFORMATION

You can always tell us not to sell your California Information by contacting us at info@moviefone.com. Once we receive and process your request, we will not sell your California Information unless you later allow us to do so.

DO NOT TRACK NOTICE

We do not currently take actions to respond to Do Not Track signals and similar signals.

See the Your Choices section to learn how to control data collection for certain purposes.

OUR SUPPORT FOR THE EXERCISE YOUR DATA RIGHTS

We are committed to providing you control over your California Information. If you exercise any of these rights explained in this section of the Privacy Policy, we will not disadvantage you. You will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services.

CONSUMERS UNDER 16 YEARS OLD

CCPA has specific rules regarding the use of California Information from consumers under 16 years of age. In particular, consistent with the CCPA, if we have the California Information of a consumer under the age of 16, we will not sell the information unless we receive affirmative permission to do so. If the consumer is between the ages of 13 and 16 years of age, the consumer may provide that permission; if the consumer is under the age of 13, the consumer’s parent or guardian must provide the permission.

If you would like further information on how we handle California Information from consumers under the age of 16 years of age, or if you have questions about these information practices, you may contact us at info@moviefone.com.

ADDITIONAL INFORMATION FOR EUROPEAN UNION USERS

Personal information

References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller, Data Protection Officer and EU Representative

BIC is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation and you can contact us and our Data Protection Officer at info@moviefone.com.

Legal bases for processing

We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are (i) your consent, (ii) your having entered into an agreement with us or a third party that permits the use or (iii) our compliance with applicable laws and regulations.

Use for new purposes

We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your rights

European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:

• Opt-out. Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing communications.
• Access. Provide you with information about our processing of your personal information and give you access to your personal information.
• Correct. Update or correct inaccuracies in your personal information.
• Delete. Delete your personal information.
• Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
• Restrict. Restrict the processing of your personal information.
• Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.

You can submit these requests to us at info@moviefone.com. 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 would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here (http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).

Cross-Border Data Transfer

If we transfer your personal information out of the European Economic Area or Switzerland and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Such safeguards may include applying the European Commission Model contracts for the transfer of personal data to third countries described here (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en#international-data-transfers-using-model-contracts), or for transfers to third parties in the United States, ensuring they participate in the EU-U.S. Privacy Shield Framework or Swiss-U.S. Privacy Shield Framework. Please contact us for further information about any such transfers or the specific safeguards applied.