- How we use your Personal Information
- The circumstances under which we disclose Personal Information to third parties
- How you can access, update or delete any Personal Information collected about you by us
- and The mechanisms we have implemented to protect your Personal Information.
We are committed to protecting users’ privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.
Your California Privacy Rights
If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail).
Full Address of Designated Agent to Which Notification Should be Sent to:
Studio 3 Partners LLC
Attn: Your California Privacy Rights
1540 Broadway, 31st Floor
New York, New York 10036
Email Address of Designated Agent:
All requests sent via regular mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code (your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
General Privacy Information
1. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
When we use the term “Personal Information” we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term “Other Information“, we mean any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the “Information“).
a) Information We Collect that You Provide Us.
(i) User Registration
. To the extent we offer user registration on the Site, to register as a member of the Site, you are required to select a user name and password (together, your “User ID”) and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested during the registration process (but not required).
(ii) In Connection with Certain Features and Functions.
We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to subscribe to a selection of free email newsletters and other periodic information, chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, to sign up to receive email newsletters, you may be required to provide your email address, date of birth and zip code separate from any user registration. Further, for example, to the extent we offer such services, if you order any of our various products and services, in addition to your name and contact information, we will also collect and may maintain your billing address, shipping address, product and service selections, your credit card or other payment instrument information, your order number and information about your computer’s internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is collected via a secure transmission.
(iii) In Connection with Promotions such as Contests and Sweepstakes
. There may be a separate registration process to enter Promotions such as contests and sweepstakes which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion’s entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners (“Advertisers”) as a result of your use of the Site in connection with many of these types of Promotions.
“Cookies” (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. “Web beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. The Site and/or third parties may use “cookies”, “web beacons” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web.
We use Tracking Technologies to help tailor our content, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on this Site (for example, to recognize you by name when you return to the Site), understand your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), save your password in password-protected areas, save your online game or video player settings, enable you to use shopping carts on the Site, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Site and for other purposes described in the “Use of Information”, “Other Information Collected by Us” section below. These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site, such as your visits to the Site’s webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site (“Identifier”). An Identifier is automatically assigned to any Device you use to access the Site. Your Personal Information is not collected as part of this process but we may associate Other Information collected by Tracking Technologies with Personal Information.
By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site through these Tracking Technologies and that we may use Tracking Technologies in the emails we send to you.
This Site may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Site, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Site (“Targeting Services”). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Site and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
These Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Site except to the extent necessary to provide services to the Site. The Third Party Advertising Service Providers, as well as Advertisers and other third parties, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise collect or have access to Information about you and your online activities over time and across different websites when you use the Site.
c) Use of Information.
(i) Personal Information.
We, and/or our Affiliates, use the Personal Information we collect from you in a variety of ways, including:
- Sending marketing and promotional e-mails or, subject to the “Wireless Marketing Services and Associated Promotional Opportunities” Section below, text messages offering the purchase of goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, Affiliates or third parties (for example, we may send you an email about a product sold by a third party);
- Processing your registration with the Site, such as verifying that your e-mail address is active and valid;
- Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or product or services you have ordered or any other transactions you have undertaken with the Site;
- Allowing you to participate in the public areas and/or other features of the Site;
- Responding to your questions or other requests;
- Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies;
- Improving the Site or our services and for internal business purposes;
- Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
- Saving your User ID or other Personal Information, so you don’t have to re-enter it each time you visit the Site;
- Otherwise to maintain and administer the Site and
- For other purposes disclosed at the time you provide the Personal Information.
(ii) Other Information Collected by Us.
We, and/or our Affiliates, use the Other Information we collect from you in a variety of ways, including:
- Keeping count of your return visits to the Site or our Affiliates’, Advertisers’ or partners’ sites;
- Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
- Determining which features, webpages, products and services users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display advertising and marketing information;
- Preparing statistics reports;
- Allowing you to participate in the public areas and/or other features of the Site;
- Improving the Site or our services and for internal business purposes;
- Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
- Saving certain Other Information for use on your return visits to the Site;
- Otherwise to maintain and administer the Site
- For the uses described for “Personal Information” above and
- For other purposes disclosed at the time you provide the Other Information.
(iii) Other Information Collected by Third Party Advertising Service Providers and Advertisers.
2. Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
a) Opting-Out of Certain Uses of Personal Information.
(i) In Connection with Marketing and Promotional E-mail and Offers.
You may “opt-out” of receiving marketing and promotional e-mails from us at any time by using the opt-out mechanism (e.g., click on the unsubscribe link) that is contained in each such email.
(ii) In connection with Newsletters and other Editorial-based E-mails.
To the extent the applicable Site offers newsletters or other editorial-based emails, to manage your newsletter preferences, you may click on the unsubscribe link in the applicable newsletter or other editorial-based email.
(iii) In Connection with Wireless Marketing Services.
See “Termination of Wireless Services by Users” under the “Wireless Marketing Services and Associated Promotional Opportunities” Section for more information on how you may unsubscribe from receiving text messages.
(iv) Certain Continuing Rights Regardless of Opt-Outs.
However, even if you exercise your opt-out rights above, we, or our Affiliates, may continue to contact you for the other purposes described in the “Use of Information” Section above, such as for maintenance and administrative purposes.
b) Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.
(i) Tracking Technologies Set By Third Party Advertising Service Providers and Advertisers.
With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:
- Third Party Advertising Service Providers and Advertisers may collect Other Information about you when you visit this Site to help identify products and services that may interest you and deliver advertising tailored to your interests.
- You can opt-out of the use of Other Information for these advertising purposes by two such Third Party Advertising Service Providers, Adobe AudienceManager (formerly known as Demdex) by using those Third Party Advertising Service Providers’ opt-out tools. You can access Adobe AudienceManager/Demdex’s tool at http://www.donottarget.com/ or as described in the next bullet point.
- We also may from time to time permit other Third Party Advertising Service Providers and Advertisers to collect Other Information on the Site. Some of these Third Party Advertising Service Providers and Advertisers may participate in the Network Advertising Initiative’s Opt-Out Tool and/or the Self-Regulatory Program for Online Behavioral Advertising. Please click on the links to these tools to learn more about your choices.
- Please note the following with respect to opting out:
- The opt-out tools discussed above are “cookie based.” This means that the tools rely on cookies to remember your choices with respect to the use of your information by the parties that offer you those choices. If you delete Tracking Technologies using the controls in your Web browser (a process described below) after opting out, you may have to opt out again to re-establish your opt-out preferences.
- Opt-outs are “browser-specific.” The opt-out preferences that you choose will apply only to the Web browser that you used when you selected these preferences. This means, for example, that if you opt-out while using Internet Explorer 9, this choice will not affect the use of Other Information collected by Tracking Technologies when you use Mozilla Firefox on the same Device. It also means that opting-out on one Device will not affect the use of Other Information by Tracking Technologies on other Devices that you may use to access the Site.
PLEASE NOTE THAT THE USE AND STORAGE OF FLASH COOKIES TYPICALLY CANNOT BE CONTROLLED THROUGH YOUR BROWSER. PLEASE SEE BELOW FOR INFORMATION ON HOW TO MANAGE FLASH COOKIES.
(ii) Tracking Technologies Set By the Site.
With respect to the Tracking Technologies set by the Site, you have a number of options:
- You can prevent the use of certain Tracking Technologies (other than Flash cookies) by using the controls in your Web browser. To do so, you must:
- Delete existing Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature; and
- Disable future Tracking Technologies through the same browser controls. Additional information on enabling or disabling most Tracking Technologies may be available through your browser’s support feature. (See the “help” section of your browser for more information.)
- You can choose to have the Device you use to access the Site warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
This Site is committed to complying with the Self-Regulatory Principles for Online Behavioral Advertising. Click here for more information about this Site and online behavioral advertising
Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete, reject, disable or turn off Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.
Please note that deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Advertising Service Providers and Advertisers and set by this Site through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit http://kb2.adobe.com/cps/526/52697ee8.html4.
(iv) Do-Not-Track Signals and Similar Mechanisms.
Some web browsers may transmit “do-not-track” signals to the websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals.
We currently do not take action in response to these signals, but, if and when a final standard is established and accepted, we may reassess how to respond to these signals. Instead, as described above, please see the link to the Self-Regulatory Principles for Online Behavioral Advertising program that we follow that offers you choice regarding Information collected for online behavioral advertising purposes and the browser cookie controls and other mechanisms described in Sections 2(b)(i), (ii) and (iii).
3. Wireless Marketing Services and Promotional Opportunities
We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party’s interception of messages or a user’s Personal Information when using a wireless communications device.
Users that register for EPIX’s wireless marketing services acknowledge, understand and agree that they will be charged by the user’s wireless carrier for all messages sent to the user from EPIX. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site, EPIX, S3P, or Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
b) Termination of Wireless Services by User.
Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from EPIX by the following procedure: A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by EPIX at the time the message is sent, or by sending a text message that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”. EPIX will terminate the user’s registration for the most recent wireless service sent to the user. Any of these words followed by the word “ALL” in the user’s termination request will cancel all of the user’s registered wireless services with EPIX. If the user unsubscribes from one or all of EPIX service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user’s previous opt-in.
c) Termination of Wireless Services by EPIX.
A user understands, acknowledges and agrees that EPIX may, in its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. EPIX may provide notice of terminations or changes in services on this Site.
d) Use of Information.
EPIX will not use a wireless telephone number, wireless or conventional Internet email address, or other Personal Information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share such Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share such Personal Information with the operational service providers that assist us in delivering these wireless services to you and with S3P and Affiliates.
4. Social Networks and Information Sharing
In certain instances, you may have the ability to link your account with us to third party Social Networks. When you link your account or engage with our content on or through third party Social Networks, services, plug-ins, or applications, you allow us to have ongoing access to certain information from your Social Network account (e.g., name, e-mail address, profile photo, gender, birthday, location, your list of friends and their contact information, people you follow and/or who follow you, the posts or the ‘likes’ you make). We may also receive other information (e.g., content viewed, game performance, high scores, and information about advertisements within the content you have been shown or may have clicked on, etc.) from your Social Network interaction with our content.
By sharing or posting content from the Site to a Social Network site, or by linking your Social Network account with your EPIX account, you consent to EPIX’s collection and use of your Social Network information that you have made available to be shared. EPIX will collect information from your Social Network sites each time you share content from the Site to the Social Network, and may collect information from your postings for rewards or incentives.
5. Accuracy and Confidentiality
It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site by any others who use your User ID, unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party.
Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.
6. Privacy of Your Postings
7. Disclosure to Third Parties
a) Co-Branded Services and Features.
b) Operational Service Providers.
We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We will refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with the Site or the EPIX Channel. Additionally, such operational service providers are not permitted to use your Personal Information or Sensitive Personal Information for their own marketing or promotional purposes.
c) Other Non-Affiliated Third Parties.
8. Security & Protection of Personal Information
We maintain reasonable standards of security and confidentiality. However, regardless of the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow the same policy.
Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Personal Information such as credit card numbers, account usernames, passwords, and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM SENSITIVE PERSONAL INFORMATION OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at [email protected], and then immediately delete the fraudulent email from your computer.
10. Review, Update or Delete Your Personal Information
Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by the Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. Deletion or attempted deletion of certain Personal Information, such as your user name, may not be permitted and/or may result in suspension of your account or termination of any registration you may have made. To review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, please click “MY ACCOUNT” on the homepage to sign in to your Site account with your User ID. Then, click on “YOUR ACCOUNT INFO” to change, update, or delete your Personal Information.
If you wish to review Personal Information collected for Promotions such as contests and sweepstakes, you will need to contact the Site’s Privacy Administrator via email with a request at [email protected] and be prepared to provide verification of your identity. Personal Information collected for certain entries are subject to corporate and regulatory recordkeeping requirements and wil.l not be deleted upon the user’s request, unless the entrant is a child under the age of 18 years old.
We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.
12. Sole Statement
15. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL EPIX, ITS PARENTS, SUBSIDIATIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS, EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE COLLECTION OR USE OF INFORMATION FROM YOU IN CONNECTION WITH YOUR USE OF THE SERVICES, SITES, CONTENT OR FEATURES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO AN EVENT OF FORCE MAJEURE. THE ABOVE LIMITATIONS OF LIABLITY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
17. Force Majeure.