YOUR PRIVACY RIGHTS
Effective Date: September 15, 2020
This Policy explains how we collect, use, and share your personal information through your use of the Services, including any information you provide through the Services while you browse the website. This Policy does not apply to information that is collected outside the Services. This Policy applies regardless of whether you access the Services using a personal computer, mobile device, smart TV, gaming console, or other equipment, device, or application now known or hereafter developed.
We may modify this Policy from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We may notify you of material changes to our Policy by updating the Effective Date herein, by e-mail, or by notification upon accessing the Services; the form of such notice is at our discretion. Once we post modifications of the Policy on the Services, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the modifications. We encourage you to review the Policy whenever you use our Services to stay informed about our information practices and the choices available to you.
INFORMATION WE COLLECT
Information you provide to us
We collect information that you submit to us. For example, the process of subscribing to updates regarding screenings and exclusive offers on the Service requires you to provide us with an e-mail address. We will collect any information you voluntarily provide, and we may also request optional information to support your use of the Services. Additionally, if you send an e-mail to us, we will collect your e-mail address and the full content of any e-mail you send to us, including attached files and other information provided therein.
Information We Collect Automatically From Your Devices
For example, we use Google Analytics, Facebook Pixel, Twitter conversion tracking tags, and other similar third party services, to collect statistical information about how the Services are used. These services use information such as your IP address, browser type, and unique identifiers stored in cookies on your device to record how you interact with the Services. These third party services help us to optimize and deliver advertising to users, know how many users we have, which parts of the Services are most popular, what browsers are used (so we can maximize compatibility), the country or region where our users are located, and the demographics and interests of our users. This enables us to better understand who is using the Services to ensure we are reaching our target demographic and to improve and tailor the Services accordingly.
We may collect different types of information about your location, including general information, such as the city, state, and/or zip code associated with your IP Address, and, if you agree, more specific location information that is provided through the GPS functionality on mobile devices used to access the Services. We may use such location information to customize the Services, including advertising that is presented to you. For example, if you provide a zip code that indicates that you live in New York, the Services may be customized with New York-specific information, features, and advertisements. In order to do this, your location information may be passed along to our affiliates, agents, vendors, or advertisers. Options you have to control the automatic collection of location information are explained below under “WHAT ARE MY CHOICES?”.
Information from Social Media Networks and Other Third Parties
If you purchase a product or service through the Services, our third party payment processors will collect the billing and financial information they need to process your charges. This may include your postal address, email address, and financial information. We do not collect or store your financial information, like credit card numbers. However, our third party payment processors may share non-financial information with us related to your purchases, like your name, shipping address, and items purchased in order to fulfill your order.
Aggregates and/or De-Identified Information
We may aggregate or de-identify certain information that we collect from you. Aggregated and/or de-identified information is designed so that we cannot identify you personally.
Sweepstakes, Contests, and Promotions
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting personal information. If you voluntarily choose to enter a Promotion, your personal information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice, and/or likeness in advertising or marketing materials.
HOW IS MY INFORMATION USED?
In general, the information that you submit or share with us and that we collect is used in the following ways:
for the purposes for which you provided such information;
to enable your access to the Services;
to provide, maintain, protect, develop, and improve the Services, including through the use of statistical analysis;
to customize the content and advertisements you receive from us and our trusted partners;
to communicate with you, including via email, text messages, social media, mail, and phone; and
to offer you additional information, opportunities, promotions, and functionality from us or on our behalf, or from our partners or our advertisers.
We may use aggregated and/or de-identified data or other data that is not personally identifiable for any purpose, including without limitation in statistical analysis, to help us analyze patterns in the use of the Services.
By accessing and using the Services, you consent to our use of your information about you in the manner described in this Policy. If you do not agree or do not consent to the use of your information in these ways, you should not use the Services.
WHEN IS MY INFORMATION DISCLOSED?
We do not disclose your information except in the limited circumstances described below. By accessing and using the Services, you consent to us sharing your information under the circumstances described in this Policy.
With your consent
We may share or disclose your information if you ask or authorize us to do so.
Among group companies and for joint marketing purposes
We may share your information with our affiliated and subsidiary companies and joint venture partners for the purposes of processing, analyzing, and/or storing your information, or otherwise as needed to provide the Services to you, in each case, consistent with the terms of this Policy and applicable law. We may also share your contact information with non-affiliated companies for the purpose of joint marketing in order to send you advertisements regarding our and third party products, services, offers, promotions, and rewards that we think you may be interested in. For example, we may share your contact information with any theater or other entity you’ve selected to receive proceeds in connection with the Services. For information about your options with respect to marketing communications, see “WHAT ARE MY CHOICES?” below.
To third party services
We engage third party services to perform a variety of services and functions for us. We may share your information with such third party services subject to confidentiality obligations consistent with this Policy and on the condition that the third party services use your information only on our behalf and pursuant to our instructions and applicable law.
Information shared via third party social buttons, widgets, and other embedded content
To comply with legal requirements and to protect you, us, and others
Notwithstanding anything to the contrary in this Policy, we reserve the right to retain and disclose your information at our discretion if we believe in good faith that such retention and disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas, warrants, or similar process served on us; (b) protect and defend our rights or property, you, or third parties; or (c) ensure the safety and security of our Services, systems, and of our customers and third parties.
In connection with a business transfer
In the event we go through a business transition such as a merger, acquisition by another company, bankruptcy, reorganization, or sale of all or a portion of our assets, your information may be sold or transferred as part of that transaction. You acknowledge that such transfers may occur and are permitted by this Policy and that the new entity may continue to process your information as set forth in this Policy.
If the information has been aggregated, de-identified, or otherwise does not identify you personally
We may share or disclose information that has been aggregated, de-identified, otherwise does not identify you, or information that you choose to make public, such as your public user profile information. For example, we may develop information concerning the Services’ users, using de-identification processes to help ensure that such information cannot reasonably be re-associated or connected with you as an individual. This Policy does not limit our use or disclosure of de-identified information (i.e., information from which your name and any other personally identifying information has been removed) in any way, and we reserve the right to use and disclose such information to our partners, advertisers, and any other third parties at our discretion in accordance with applicable law. If you do not agree or do not consent to the disclosure of your information in this manner, you should not use the Services.
WHAT ARE MY CHOICES?
You may opt out of receiving interest-based advertising from us. To find out more about our advertising and how to opt out, please see our Cookies Policy. You may also choose to block cookies. Learn more about cookies, how we use them, and how to block them by reviewing our Cookies Policy.
If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, do not agree to allow your device to share this information with us or disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. Your device manufacturer should provide instructions on how to disable GPS or other location-tracking functions. If you initially consent to the collection of location information, you can subsequently stop our collection of location information at any time by changing the preferences on your mobile device or uninstalling the application from your mobile device by following your device’s uninstall process.
California residents may have additional rights. To learn more, please see “MY CALIFORNIA LAW RIGHTS” below.
HOW LONG DO YOU KEEP MY INFORMATION?
We will hold your personal information on our systems for as long as necessary to provide the relevant Service to you, for so as long as reasonably required to satisfy the purpose for which you submitted the information, or as long as required by applicable law.
WHAT ABOUT LINKS TO THIRD PARTY WEBSITES?
Links to third party websites may be made available through the Services. Clicking on such advertisements and links will direct you to the website or application of a third party. We are not responsible for the privacy practices or the content of such websites. Any information you provide via those sites is subject to the privacy policies on those websites and is not covered by this Policy. We encourage you to read the privacy statements of each and every website you visit or application you use. This Policy applies solely to information collected by us through the Services and does not apply to third party websites or applications. The ability to access third party information from the Services and to link to other websites and locations from the Services is for your convenience and does not signify our endorsement of such third parties, their products, their services, their websites and locations, or the content they make available on the Services or on their websites and locations.
HOW IS MY INFORMATION PROTECTED?
We are committed to protecting the security of your information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, and/or disclosure. These measures vary based on the sensitivity of the information that we collect. Even though we have taken significant steps to protect your information, no company, including us, can fully eliminate security risks associated with information. We cannot guarantee that our security measures will prevent every unauthorized attempt to access, use, or disclose your information.
WHAT IF MY INFORMATION IS INCORRECT?
You have the right to request a copy of the information that we hold about you that identifies you personally. If you would like a copy of some or all of this information, please contact us. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or to remove information that you think is inaccurate. We also provide you with tools and account settings to access or modify some of the information you provided to us and associated with your account.
WHAT IS YOUR POLICY REGARDING CHILDREN?
We require all users of the Services to be at least thirteen (13) years if age. If we obtain actual knowledge that a user is under the age of thirteen (13), we will promptly delete all information associated with such account. By using the Services, you are representing that you are at least thirteen (13) years old. We do not direct the Services to children under the age of thirteen (13) and do not knowingly collect personal information (as defined by the U.S. Children’s Privacy Protection Act ("COPPA") from children under the age of thirteen (13) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected personal information in a manner not permitted by COPPA, please contact us and we will remove such data to the extent required by COPPA.
MY CALIFORNIA LAW RIGHTS
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their “personal information” (as defined under the California Online Privacy Protection Act (“CCPA”)), if any, for their direct marketing purposes in the prior calendar year, as well as the type of “personal information” disclosed to those parties.
California residents under the age of eighteen (18) that have registered to use the Services and have posted content or other information on the Services, may request removal of the content by contacting us. If you are a California resident under the age of eighteen (18) and you contact us to have your information removed, please provide us with detail regarding the content or other information you have posted and attest to us that you have posted it. We will then make reasonable, good faith efforts to remove the content from public view prospectively, or to anonymize it so you cannot be individually identified, to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.
We may share personal information, as defined by the CCPA, with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with the CCPA, please e-mail Business Affairs or send us a letter to Magnolia Pictures, 49 West 27th Street, 7th Floor, New York, NY 10001, Attn: Business Affairs – CCPA Compliance. 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 Magnolia Pictures is not required to respond to requests made by means other than through the provided e-mail address or mail address.
Additionally, Magnolia may disclose certain information about you if you are a user of the Service for purposes that may be considered a “sale” under the CCPA. For example, we may disclose personal information to ad servers, ad agencies, ad technology vendors, and research firms in order to provide you with more relevant advertising tailored to your interests on the Service. This information may include identifiers such as your IP address, advertising identifiers, your email address (in a de-identified or hashed form), age and gender, your internet or other electronic network information, such as your interaction with an ad, and geolocation data.
To learn more or to op-out of the “sale” of your personal information, please click here Do Not Sell My Personal Information page.
This Policy and all disputes arising hereunder or relating hereto shall be governed by, and will be construed under, the laws of the state of New York, without regard to choice of law principles. Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Magnolia may limit the website’s availability, in whole or in part, concerning any person, geographic area or jurisdiction, at any time in its sole discretion.
WHERE IS MY INFORMATION STORED AND PROCESSED?
Magnolia Pictures is based in the U.S. and the information we collect from you through your use of the Services is stored and processed in the United States in compliance with applicable U.S. state and federal laws. If you are accessing the Services from outside of the U.S., please be aware that information collected through the Services 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 Policy.
If you have questions or concerns about our Policy, please contact us.