Cinemio (“Cinemio” or “we”) wants you to be familiar with how we collect, use and disclose information from and about you. This Privacy Policy describes our practices in connection with information collected through services such as websites, mobile sites, applications (“apps”), and widgets (collectively, the “Cinemio Services”). California residents, please see the California Consumer Privacy Act Notice in Section 8 below. Consumers in Virginia, Colorado, Connecticut and states with other similar privacy laws, please see Section 9 below. By using Cinemio Services, you agree to the terms and conditions of this Privacy Policy.

This Privacy Policy applies to all users, including both those who use the Cinemio Services without being registered with the Cinemio Services and those who have registered with the Cinemio Services. This Privacy Policy applies to Cinemio’s collection and use of your personal information (i.e., information that identifies a specific person, such as full name or e-mail address). It also describes generally Company’s practices for handling non-personal information (for example, interests, demographics, and services usage).

Cinemio does not knowingly collect Personal Information from children under the age of 13, except with respect to certain types of Activity Information (described below) which is used only to support the internal operations of the Cinemio Services. For more information, please see our Children’s Privacy Policy in Section 6 below. Accordingly, on some of the Cinemio Services, children under 13 are not eligible to use certain features. The portions of the Cinemio Services that are intended for children under 13 are governed by our Children’s Privacy Policy.

2. COLLECTION OF INFORMATION

Depending on your interactions with us, Cinemio and our service providers may collect the following information from and about you:

Registration Information. The information you submit to register for the Cinemio Services, for example, to create an account, receive a newsletter, or enter a contest or sweepstakes. Registration Information may also include, for example, name, e-mail address, gender, and birthday.

Information from Social Media. If you access or log-in to the Cinemio Services through a social media service or connect the Cinemio Services to a social media service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, e-mail address or friends lists, and any information you have made public in connection with that social media service. When you access the Cinemio Services through social media services or when you connect the Cinemio Services to social media services, you are authorizing Cinemio to collect, store, and use such information and content in accordance with this Privacy Policy.

Activity Information. When you access and interact with the Cinemio Services, Cinemio and its service providers may collect certain information about those visits. For example, in order to permit your connection to the Cinemio Services, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Cinemio Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device.

Cookies and other tracking technologies (such as browser cookies, pixels, beacons, local storage, and other mechanisms) use various approaches to collect and store data. Some of these technologies store data in the browser or on your device. Other technologies may use network-related or other information to recognize your device (e.g., IP address). Cinemio’s websites, apps and other services use these technologies, for example, when you first request a web page and data is then stored on your computer or other device so the website or app can access information when you make subsequent requests for pages from that service. These technologies may also be used to collect and store information about your usage of the Cinemio Services, such as pages you have visited, search history, and the video and other content you have viewed.

Other parties that support the Cinemio Services by serving advertisements or providing services, such as allowing you to share content or tracking aggregate Cinemio Services usage statistics, may also use these technologies to collect similar information when you use the Cinemio Services (such as websites or e-mails) or other parties’ services. Those parties may also use these technologies, along with activity information they collect, to recognize you across the devices you use, such as a mobile device and a laptop or other computer. Cinemio does not control these technologies and their use is governed by the privacy policies of parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, including your choices with respect to them, see the section entitled “To deliver relevant advertisements,” below.

Your browser may be initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, and to block cookies altogether. Please consult the “Help” section of your browser for more information, including on how to clear data from local storage and, depending on your browser, how to turn off other data collection by the browser. For more information about Google Analytics, please review the site “How Google uses data when you use our partners’ sites or apps,” located at www.google.com/policies/privacy/partners/. To opt out of Google Analytics specifically, please go to https://tools.google.com/dlpage/gaoptout. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Cinemio Services.

Information from Other Sources. We may supplement the information we collect with information from other sources, such as publicly available information about your online and offline activity from social media services, advertising technology companies, advertisers, commercially available sources, and information from our Company Affiliates or business partners.

Depending on your interactions with us, Cinemio may not have collected information from you for each of the categories above.

“Do Not Track”. At this time we do not respond to the “Do Not Track” signal, as we await the work of interested stakeholders and others to develop standards for how the “Do Not Track” signal should be interpreted.

3. USE AND DISCLOSURE

We may use and disclose some or all of the information we collect from and about you for the following purposes: We use the information we collect from and about you for these additional purposes:

To provide the Cinemio Services. We use the information we collect from and about you to provide the Cinemio Services and features to you. This may include:

• to measure, maintain and improve those Cinemio Services and features and to develop new products and services, including conducting research and quality and safety assurance measures;
• to improve your experience with both online and off-line Cinemio Services by delivering content you will find relevant and interesting, including advertising and marketing messages;
• to perform identity verification;
• to allow you to comment on content, and participate in online games, contests, other promotions, or rewards programs;
• to provide you with customer support and to respond to inquiries;
• to provide you with content and advertising that is more interesting, personalized and relevant to you;
• to maintain our facilities and infrastructure;
• to comply with internal policies, including accounting, audit, and other internal functions; and
• to maintain records, and conduct risk and security controls and monitoring.

To allow service providers to assist us in providing and managing the Cinemio Services. The information we collect from and about you may be made available to certain service providers, such as contractors, analytics and other measurement companies, and agents or sponsors, who help us analyze and understand your use of the Cinemio Services, and manage and/or provide the Cinemio Services, including to purchase a product, subscribe to a membership, or make payments.

To allow social sharing functionality. If you log in with or connect a social media service account with the Cinemio Services, we may share your user name, picture with other Cinemio users and with your friends associated with your social media service. We may also share the same information with the social media service provider. By logging in with or connecting your Cinemio account with a social media service, you are authorizing us to share information we collect from and about you with the social media service provider, other users and your friends and you understand that the social media service’s use of the shared information will be governed by the social media service’s privacy policy. If you do not want your personal information shared in this way, please do not connect your social media service account with your Cinemio account and do not participate in social sharing on the Cinemio Services.

To deliver video content. In the ordinary course of our business, we may share information that we collect from or about you with other parties in order to process your requests and fulfill your orders for video content offered through the Cinemio Services, including to provide you with access to localized content and video content recommendations.

To provide co-branded services and features. We may offer co-branded services or features, such as contests, sweepstakes or other promotions or features together with other companies (“Co-Branded Services”). These Co-Branded Services may be hosted on the Cinemio Services or on that other party’s service. By virtue of these relationships, we may share information you submit in connection with the Co-Branded Service with that party. That other party’s use of your information will be governed by its privacy policy.

To deliver relevant advertisements. Cinemio and our service providers may use the information we collect from and about you as described in this Privacy Policy to deliver relevant ads to you when you use the Cinemio Services or another service (on any of your devices). As noted above, advertising technology companies and advertisers may use cookies and similar technologies to collect and track information such as demographic information, inferred interests, aggregated information, and information about the different devices and/or browsers you use and your activity on such devices and browsers, to assist them in delivering advertising that is more relevant to your interests. The information may also be used to deliver more relevant advertising to you across marketing channels, including e-mail. To find out more about advertising networks and similar entities that use these technologies, see https://youradchoices.com/. If you wish to opt out of tailored advertising in desktop and mobile browsers, please visit https://optout.aboutads.info/#/ or https://optout.networkadvertising.org/# on each of your devices and browsers. To opt-out in mobile apps, you may use your device’s setting to opt-out of ads personalization or similar settings or download and use the AppChoices app at https://youradchoices.com/appchoices. To opt-out on connected TVs, please use the setting “opt out of ads personalization,” “Interest-based Ads,” or equivalent settings on your device. Please note that opting-out does not mean that you will stop seeing all ads.

To contact you. Cinemio may periodically send promotional materials or notifications related to the Cinemio Services. If you want to stop receiving promotional materials, you can change your account setting in the “settings” function of the Cinemio Services or follow the unsubscribe instructions at the bottom of each e-mail. There are certain service notifications and other non-promotional e-mails that you may not opt-out of, such as notifications of changes to the Cinemio Services or policies. If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.

To share with our Company Affiliates. Cinemio may share your information with Cinemio Affiliates for the purposes described in this Privacy Policy. Users who visit Cinemio Affiliates’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy.

To share with business partners. Cinemio may share your information with business partners to permit them to send you marketing communications consistent with your choices.

To protect the rights of Cinemio and others. There may be instances when Cinemio may use or disclose your information, including situations where Cinemio has a good faith belief that such use or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Cinemio, Cinemio Affiliates or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the Cinemio Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.

To complete a merger or sale of assets or other corporate transaction. If Cinemio sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a reorganization, merger or transfer of all or a material part of its business (including in connection with a bankruptcy or similar proceedings), Cinemio may transfer or disclose your information to the party or parties involved in the transaction as part of that transaction.

Depending on your interactions with us, Cinemio may not have collected, used or disclosed information from you in each of the categories above, and to the extent that Cinemio has disclosed information from or about you, it may not include all of the information that we collect from and about you as described in this Privacy Policy.

Please note that when the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with other parties, to the extent permitted by applicable law.

4. SECURITY

Cinemio uses commercially reasonable administrative, technical, personnel, and physical measures designed to safeguard information in its possession against loss, theft and unauthorized use, disclosure, or modification. However, no one can guarantee the complete safety of your information.

5. USER ACCESS AND CONTROL

If you are a resident of California, please see the section entitled “California Consumer Privacy Act Notice,” below, for more information about the rights you have under California law. If you are a consumer in Virginia, Colorado, Connecticut, or other state with similar privacy laws, please see the section entitled “For Consumers in Virginia, Colorado, and Connecticut, and Other U.S. States with Similar Privacy Laws,” below, for more information about your rights under Virginia, Colorado, Connecticut, and other similar laws.

6. CHILDREN’S PRIVACY

The privacy of children is important to us. This Children’s Privacy Policy explains how Cinemio collects, uses, and discloses personal information, as defined by the Children’s Online Privacy Protection Act (“COPPA”), of children under the age of 13 that is collected through the Cinemio Services. This policy also explains the rights that parents have with respect to their children’s personal information.

COLLECTION OF INFORMATION: Cinemio and our service providers may collect the following information from and about children:

Persistent Identifiers. When a child accesses and interacts with Cinemio Services, we may collect persistent identifiers for our internal operations. For example, in order to permit a child’s connection to the Cinemio Services, our servers receive and record certain information about their computer, device, and/or browser, including IP address or unique device identifier.

Cookies and other tracking technologies (such as pixels, beacons, and local storage technology, including cookies) are comprised of small bits of data that often include a unique identifier. Websites, apps, and other services send this data to a child’s browser or device when they first request a web page and then store the data on the child’s device so the website can access the information when the child makes subsequent requests for pages from that service. These technologies may also be used to collect and store information about a child’s usage of Cinemio Services, such as pages visited, content viewed, search queries run and advertisements served.

Other parties that support Cinemio Services by delivering contextual advertisements or providing services, such as compiling aggregate Cinemio Service usage statistics, may also use these technologies to collect similar information.

USE AND DISCLOSURE: Cinemio uses the information we collect to provide the Cinemio Services and features, including: to measure and improve those Cinemio Services and features; to improve the child’s experience with Cinemio Services by delivering contextual advertising and limiting the number of times a child sees an advertisement on the Cinemio Services; to provide the child with customer support and to respond to inquiries. When the information collected from or about a child does not identify them as a specific person, we may use that information for any purpose or share it with third parties.

We use the information we collect from and about children for these additional purposes:

To allow service providers to assist us in providing and managing the Cinemio Services. Cinemio may make a child’s information available to certain third-party service providers, such as contractors, agents or sponsors, who help us manage or provide the Cinemio Services.

To deliver contextual advertisements. Cinemio and our service providers may use the information we collect from and about a child to deliver contextual ads to them when they use the Cinemio Services, and to limit the number of times a particular ad is shown.

To protect the rights of Cinemio and others. There may be instances when Cinemio may disclose a child’s information, including situations where Cinemio has a good faith belief that such disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Cinemio, Cinemio Affiliates or our or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the Cinemio Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.

To complete a merger or sale of assets. If Cinemio 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, Cinemio may transfer children’s information to the party or parties involved in the transaction as part of that transaction.

7. OTHER IMPORTANT INFORMATION

Updates to Privacy Policy. Cinemio may modify this Privacy Policy. Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Cinemio Services.

Location of Data. The Cinemio Services are hosted in and managed from the United States. If you are a user located outside the United States, you understand and consent to having any personal information processed in the United States or in any other country in which we have facilities or in which we engage service providers. The United States and other countries’ data protection laws may not be the same as those in your jurisdiction. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your personal information.

Linked Services. The Cinemio Services may be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. Cinemio is not responsible for the privacy practices of unaffiliated companies, and once you leave the Cinemio Services or click an advertisement, you should check the applicable privacy policy of the other service.

In addition, Cinemio is not responsible for the privacy or data security practices of other organizations, such as Facebook, Instagram, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Cinemio Services.

Data Retention. We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

Remember that even after you cancel your account, or if you ask us to delete your personal information, copies of some information from your account may remain viewable in some circumstances where, for example, you have shared information with social media or other services. Because of the nature of caching technology, your account may not be instantly inaccessible to others. We may also retain backup information related to your account on our servers for some time after cancellation or your request for deletion, for fraud detection or to comply with applicable law or our internal security or recordkeeping policies. It may not always be possible to completely remove or delete all of your information due to technical constraints or contractual, financial or legal requirements.

Deidentified Information. To the extent we process “deidentified” personal information, as defined under applicable law, we will maintain and use that information in deidentified form and will not attempt to reidentify the information except as permitted by applicable law.

8. CALIFORNIA CONSUMER PRIVACY ACT NOTICE

This California Consumer Privacy Act Notice Section provides information for California residents in connection with the California Consumer Privacy Act (“CCPA”). Under the CCPA, and for purposes of this Section, “Personal Information” generally means information that identifies, relates to, or describes a particular California resident and includes the categories listed below. This Section 8 provides details about the categories of Personal Information of California residents that we have collected, disclosed, or “sold” or “shared” during the last 12 months, as well as rights California residents have under California law.

Categories of Personal Information Collected, Disclosed, and/or Sold or Shared:

The categories of Personal Information that we collected, disclosed, and/or “sold” or “shared” are below, along with the categories of third parties to whom each category of Personal Information was disclosed, and/or “sold” or “shared.” Please note that we disclose some categories of Personal Information in connection with certain types of advertisements, which could be considered “selling” or “sharing” under the CCPA. Also, depending on the California resident’s interactions with us, Cinemio may not have collected, disclosed, or “sold” or “shared” each of these categories about each individual. Additionally, we do not knowingly “sell” or “share” Personal Information of minors under 16 years of age.

Please note that the CCPA definitions of “sale” and “share” do not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other similar transaction involving all or any portion of our business.

Sources of Personal Information. We collect this Personal Information directly from California residents themselves, as well as from social media platforms (e.g., if the individual has connected a social media account to the Cinemio Services); joint marketing, co-branding, co-promotional, or advertising partners, including advertising technology companies and advertisers; Company Affiliates; and sources of demographic and other information. Depending on the individual’s interactions with us, Cinemio may not have collected Personal Information from each of these categories of sources.

Purposes. We may use this Personal Information and/or disclose it to third parties for the following purposes:

• to operate, manage, and maintain our business, including in connection with a sale, acquisition, reorganization, merger, transfer of all or a part of our business, or other corporate transaction (e.g., a bankruptcy or similar proceeding);
• to provide our products and services;
• to accomplish our business purposes and objectives, including:
  • developing, improving, repairing, and maintaining our products and services;
  • personalizing, advertising, and marketing our products and services;
  • conducting research, analytics, and data analysis;
  • maintaining our facilities and infrastructure;
  • quality and safety assurance measures;
  • conducting risk and security controls and monitoring;
  • detecting and preventing fraud;
  • performing identity verification;
  • performing accounting, audit, and other internal functions;
  • complying with law, legal process, and internal policies;
  • maintaining records; and
  • exercising and defending legal claims.

Depending on the California resident’s interactions with us, Cinemio may not have used Personal Information collected about that resident for each of these purposes and to the extent that Company has disclosed Personal Information about that resident, it may not include all of the Personal Information collected about that resident.

Data Retention. We will retain Personal Information from or about you as reasonably necessary and proportionate to achieve the purpose(s) for which the Personal Information was collected or processed as outlined in this Section 9 unless a longer retention period is required or allowed by law.

California Rights. If you are a California consumer, you have the following rights:

• Right to Know. You have the right to request that we disclose to you the following information:

• The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
• The specific pieces of Personal Information we collected about you for the applicable time period;
• The business or commercial purpose for collecting, disclosing, or sellingPersonal Information about you;
• The categories of Personal Information about you that we sold and the categories of third parties to whom we sold that Personal Information; and
• The categories of Personal Information about you that we otherwise shared or disclosed and the categories of third parties with whom we shared or disclosed that Personal Information.

• Right to Request Deletion. You have the right to request that we delete Personal Information we collected from you.

• Right to Request Correction. You have the right to request that we correct inaccurate Personal Information we collected about you.

• Right to Opt-Out of Sale or Sharing. As noted above in this section, we share some categories of Personal Information in connection with certain types of advertisements.

• Right to Limit Use and Disclosure of Sensitive Personal Information. Certain pieces of personal information that we have about you may be considered “sensitive” under applicable laws. You may request that we only use or provide this personal information to others for certain purposes, subject to exceptions (such as to provide the services and for security purposes).
• Right to be Free from Discrimination. You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

10. FOR CONSUMERS IN VIRGINIA, COLORADO, CONNECTICUT, AND OTHER U.S. STATES WITH SIMILAR PRIVACY LAWS

Depending on where you live, you may have certain additional rights regarding your personal information. This section provides information for consumers residing in Virginia, Colorado or Connecticut in connection with the Virginia Consumer Data Protection Act (“VCDPA” or “Virginia Law”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (the “CDPA”), and other states with similar privacy laws. Under the VCDPA, the CPA and the CDPA, and for purposes of this Section, “Personal Data” generally means information that identifies, relates to, or describes a particular consumer residing in Virginia, Colorado, Connecticut, or other states with similar privacy laws and includes the categories listed below. We and our advertising partners use certain Personal Data to deliver online advertisements to you on your devices tailored to your interests. This may be considered “selling” under Colorado and Connecticut law and “targeted advertising” under Virginia, Colorado, and Connecticut law. This Section 10 provides details about the categories of Personal Data of consumers in Virginia, Colorado, Connecticut, and other states with similar privacy laws that we have collected, disclosed, processed for purposes of targeted advertising, or “sold”, as well as rights consumers in Virginia, Colorado, Connecticut, and other states with similar privacy laws have under their states’ laws.

Categories of Personal Data Collected or Disclosed, or Processed for Targeted Advertising:

The categories of Personal Data that we collected, disclosed, processed for purposes of targeted advertising (under the Virginia Law), or “sold” (under the Colorado and Connecticut laws) are below, along with the categories of third parties to whom each category of Personal Data was disclosed or “sold” or processed for the purpose of targeted advertising. Please note that we process some categories of Personal Data in connection with targeted advertising, which could be considered “selling” under the Colorado and Connecticut laws. Additionally, depending on the consumer’s interactions with us, Cinemio may not have collected, disclosed, processed, or “sold” each (or any) of these categories of Personal Data for each listed purpose. Additionally, we do not knowingly sell or process Personal Data of children under 13 years of age.

Please note that we may process Personal Data in each of the above categories in order to protect the rights of the Company and others, and/or to complete a merger or sale of assets or other corporate transaction. For more details about our purposes for processing, please see the Use and Disclosure section above.

Please note that, under the Virginia Law, the definition of “sale” is the exchange of information for monetary consideration and does not include, for example, the transfer of Personal Data as an asset that is part of a merger, bankruptcy, or other similar transaction involving of all or any portion of our business. We do not “sell” Personal Data as defined under the Virginia Law.

As noted above, the definition of “sale” under Colorado and Connecticut laws is different than the definition of that word under the Virginia Law. We and our advertising partners use certain Personal Data to deliver online advertisements to you on your devices tailored to your interests, which could be considered “selling” under the Colorado and Connecticut laws. The Colorado and Connecticut laws’ definitions of “sale,” however, do not include the transfer of Personal Data as an asset that is part of a merger, bankruptcy, or other similar transaction involving all or any portion of our business.

Consumer Rights under Virginia, Colorado, Connecticut, and states with other similar laws.If you are a consumer in Virginia, Colorado, Connecticut, or other states with a similar privacy law, you have the following rights:

• Right to Access and Portability. You have the right to confirm whether we are processing Personal Data concerning you, and to request that we disclose to you the Personal Data we collected from you, including in a portable form.

• Right to Request Deletion. You have the right to request that we delete Personal Data we collected from you or about you.

• Right to Request Correction. You have the right to request that we correct inaccurate Personal Data we collected about you.

• Right to Opt-Out of Targeted Advertising (in Virginia, Colorado, and Connecticut) and/or “Sale” (in Colorado and Connecticut). We process and share some categories of Personal Data in connection with targeted advertising. In Colorado and Connecticut, this processing may be considered a “sale.” Consumers residing in Virginia, Colorado, Connecticut, and states with similar privacy laws can opt out of targeted advertising and/or “sale”.
• Right to Appeal. If we decline to take action in response to a personal data rights request, consumers in Virginia, Colorado, and Connecticut, and states with similar privacy laws may request an appeal.
• Right to be Free from Discrimination. You have the right to be free from unlawful discrimination for exercising your rights under the laws of Virginia, Colorado, Connecticut and other states with similar privacy laws.