ARCLIGHT CINEMAS PRIVACY POLICY

This Privacy Policy was last Modified and Effective as of: December 3, 2018.

This Privacy Policy applies to any websites, kiosks, mobile applications, features, widgets or other online services that are owned or controlled by ArcLight Cinema Company (“ArcLight”) and that post or include a link to this Privacy Policy (collectively, the “ArcLight Platforms”). This Privacy Policy only covers information collected at the ArcLight Platforms and does not cover any information collected at any other website or online service or any offline activities by ArcLight (unless specifically stated). This Privacy Policy describes ArcLight’s information collection practices at the ArcLight Platforms, such as the types of information ArcLight collects regarding visitors to an ArcLight Platform and how we may use or share that information.

This Privacy Policy covers the following:

Information That We Collect Through the ArcLight Platforms.

(a) Registration Information and Other Information That You Provide

ArcLight may ask you to provide “Personal Information” (i.e., information that identifies you as a specific, identifiable individual) when you use the ArcLight Platforms. Personal Information may include, but is not limited to, your name, email address, mailing address, and telephone number. We may also ask you for access to the physical location of the device you use to access the ArcLight Platforms. We may collect other information about you, such as demographic information (e.g., your age, gender, or similar information), information about your preferences and interests, and, if applicable, payment information (such as a credit or debit card number). If we combine these types of other information about you with Personal Information, we will treat the combined information as Personal Information under this Privacy Policy.

The ArcLight Platforms are not intended for use by anyone younger than the age of 13 and we do not knowingly collect Personal Information from children younger than age 13. If we learn that we have inadvertently collected Personal Information from a user who is younger than age 13, we will delete the information from our active databases.

(b) User Content

The ArcLight Platforms may provide you the opportunity to submit or post content through interactive features and other communication functionality, including through a “feedback” or “contact us” feature or as part of your participation in a Promotion. (See “Sweepstakes, Contests & Promotions” subsection below.)  You may choose, through such features or otherwise, to submit or post text, photographs, videos, questions, comments, suggestions, or other content (collectively, "User Content"). User Content that you make available through such features may be viewable to other ArcLight Platform users and/or the general public. You should consider carefully what you submit and post, including any Personal Information, since it may become public. 

In addition, you acknowledge and agree that if you post User Content publicly to the ArcLight Platforms, including any information about a movie you have seen, or if you choose to post or share content through a social feature available through the ArcLight Platform, you are choosing to do so and the Video Privacy Protection Act of 1998 (18 U.S.C. § 2710) (or any similar state law) does not apply.  However, to the extent it does apply in any manner, you are providing your informed, written consent to the disclosure of that information pursuant to the Video Privacy Protection Act.

You give us the right to publish your User Content online or offline in any media or format (currently existing or hereafter developed).  Subject to applicable law, we may also publish your name, voice, likeness and other information with your User Content, and we may use your User Content, or any portion of your User Content, for advertising, marketing, publicity and promotional activities.  For full terms and conditions regarding User Content you submit, please review our Term of Use.

Registered users of the ArcLight Platforms have the right to request the removal of certain User Content posted publicly on the ArcLight Platforms.  To request removal of such User Content, please send your request by email to: guestservices@arclightcinemas.com. You must put the statement "Website Content-Removal Request" in the subject field of your email. In some cases, we may remove only your Personal Information but maintain the rest of your User Content.  Note that removal of public postings does not ensure complete or comprehensive removal of the content or information posted.

(c) Information We Collect Automatically As You Access and Use the ArcLight Platforms

In addition to any Personal Information, User Content, or other information that you choose to submit to the ArcLight Platforms, we and our third-party service providers (including any third-party content, advertising, and analytics providers) may use a variety of technologies that automatically or passively collect certain information about your use of the ArcLight Platforms whenever you visit or interact with the ArcLight Platforms ("Usage Information"). Usage Information may include the hardware model, browser, and operating system you are using, the URL or advertisement that referred you to the ArcLight Platform, the search terms you entered into a search engine that led you to the ArcLight Platform, all of the areas within the ArcLight Platform that you visit, your time zone, location information, and mobile network (if applicable), among other information. Usage Information also includes the IP address, mobile device identifier, or other unique identifier (“Device Identifier”) for any computer, mobile phone, or other device used to access the ArcLight Platform. A Device Identifier is a number that is automatically assigned to your device and our servers identify your device by its Device Identifier. In some cases, we may directly collect location information through your device. You may be able to turn off the collection of location information through the settings on your device.

We may use Usage Information for a variety of purposes, including enhancing or otherwise improving the ArcLight Platforms and our products and services. The Usage Information we collect is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information.

The methods used to collect Usage Information may include the following:

Cookies and Log Files. Log files are the record of visits to the ArcLight Platforms and include Usage Information. Information in log files is typically collected through or associated with a cookie, which is a data file placed on a device when it is used to visit an ArcLight Platform or otherwise access our online content. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences, tracking your visits to our web pages, and for displaying offers related to your prior activity on the ArcLight Platforms. Certain web browsers and browser add-ons, such as Adobe Flash, may provide additional local data storage mechanisms. For example, a Flash cookie is a data file placed on a device via the Adobe Flash plug-in that may be built into or downloaded by you onto your device.  Flash cookies may be used for various purposes, including, without limitation, enabling a Flash feature and remembering your preferences. Most browsers provide you with the ability to disable or decline cookies and local storage. You will need to check your browser’s settings for further information. For more information about Flash and the privacy choices Adobe offers, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html

Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the ArcLight Platforms, to monitor how users navigate the ArcLight Platforms, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the ArcLight Platforms, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the ArcLight Platforms, and is deactivated or deleted thereafter.

In addition, we may use a variety of other technologies that collect Usage Information and similar information for security and fraud detection purposes and to enforce our intellectual property rights.

(d) Information Third Parties Provide About You

We may receive information about you from third parties, including business partners and data providers. In addition, we may receive information if you use a third party service to make a purchase or you opt-in to receive information from us when on a third party website, app or service. We may combine the information we receive from these other sources with information we collect through the ArcLight Platforms. For example, we may supplement the information we collect with outside records in order to provide you with information, services, or products you have requested, to tailor content, to offer you opportunities to purchase products or services that we believe may be of interest to you, and for other purposes.  In those cases, we will apply this Privacy Policy to the combined information. The information collected and stored by the third party is subject solely to the third party’s privacy practices.

Social-Media Features.

The ArcLight Platforms may permit interactions with a third-party website or service, such as enabling you to “like” or “share” ArcLight Platform content to other online services. If you choose to “like” or “share” content or to otherwise post information from or via the ArcLight Platforms to a third-party website or other online service, that information may be publicly displayed and the third-party website may have access to information about you and your use of the ArcLight Platforms.  Similarly, if you interact with ArcLight through a third-party service, we may have access to information about you (for example, if you “like” or “follow” us through a third-party service or if other users of a third-party service give us access to their profiles and you are one of their “connections”). The information we collect in connection with such social-media features is subject to this Privacy Policy. Your interactions with third parties through these types of social-media features are governed by the privacy practices of those third parties, including your choices with regard to what is visible to others on that third-party service.

How We Respond to “Do Not Track” Signals.

Please note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services that you visit.  There is no consensus among industry participants as to what “Do Not Track” means in this context.  Like many websites and online services, ArcLight does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.  To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Use of Information by ArcLight.

 

We may use information collected through the ArcLight Platforms, including your Personal Information and Usage Information, to: (a) enable you to use our ArcLight Platforms; (b) provide customer service, including contacting you if there is a change to your show or show time or an issue at your theater, and responding to your questions, complaints, or comments; (c) fulfill transactions and process orders and payments; (d) provide you with information, products, or services that you have requested or agreed to receive or that we otherwise believe will interest you, including information and special offers from us and our third-party business partners; (e) tailor content, recommendations and offers we display to you, both on the ArcLight Platforms and elsewhere online, (f) improve the ArcLight Platforms, products, and services, and for other internal business purposes; (g) process information you provide via the ArcLight Platforms, including verifying that your email address is active and valid; (h) contact you with administrative communications and, in our discretion, changes to our Privacy Policy, Terms & Conditions, or any of our other policies, (i) assess your employment application for a position with ArcLight (or an entity related to ArcLight) and prepare related governmental and internal statistics reports, and (j) for purposes as disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy. 

How and When We Disclose Information to Third Parties.

ArcLight may share non-personal information, such as Usage Information, aggregated user statistics, or de-identified information (typically created by using a mathematical process known as a “hash”), with third parties in our discretion. We do not share Personal Information with third parties for those third parties' marketing purposes unless we first provide you with the opportunity to opt-in or opt-out of such sharing. We may share the information we have collected about you (including Personal Information): (i) as disclosed at the time you provide your information, (ii) with your consent, (iii) as described elsewhere in this Privacy Policy, or (iv) in any of the following circumstances:

(a) Third Parties Providing Services on Our Behalf

We may use third-party service providers to perform certain services on behalf of the ArcLight Platforms, such as hosting the ArcLight Platforms or ArcLight Platform features, providing website usage analytics, sending email or other communications, providing marketing assistance and data analysis, providing customer service, processing transactions, or performing other administrative services. We may provide these service providers with access to your Personal Information so that they can carry out the services they are performing for you or for ArcLight. Additionally, we may share various information relating to our users and fraudulent or potentially fraudulent activities with our fraud prevention and similar vendors, and they will use this information to help us and their other clients prevent fraudulent and illegal transactions.

(b) When You Agree to Receive Information From Third Parties or Request That We Share Your Information

You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. You may also ask us to share certain information, such as in connection with your activity on a social media platform or in connection with using your loyalty program credentials in connection with purchasing tickets from a third party or similar activity.  We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

(c) Administrative and Legal Reasons.

We reserve the right to transfer and disclose any information (including Personal Information) to third parties if we believe such action is necessary: (i) to conform to the requirements of the law or to comply with legal process or a subpoena, or at the request of a governmental entity conducting an investigation, or if in our opinion such disclosure is required by law; (ii) to protect and/or defend the legal rights or property of ArcLight, our ArcLight Platforms or its users, such as the Terms of Use, Privacy Policy, or other policies applicable to an ArcLight Platform, or any other party or (iii) in an emergency, to protect the personal health, safety, rights, property, or security of ArcLight, our users, or the general public. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion.

(d) Business Transfers & Transitions

ArcLight may share your information, including Personal Information, with its parent and affiliates, primarily for business and operational purposes. In the event ArcLight goes through a business transition (such as a merger, acquisition by another company, or sale of all or a portion of its assets, including, without limitation, during the course of any due diligence process), your Personal Information will likely be among the assets transferred. By providing your Personal Information, you agree that we may transfer such information to the acquiring entity without your further consent. 

(e) Sweepstakes, Contests & Promotions

We may offer sweepstakes, contests, and other promotions (any, a "Promotion") that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you (including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules (such as on a winners list).

(f) Employment Applications

If you apply for a job through the ArcLight Platforms, ArcLight may ask you to provide self-identifying information (such as veteran status, gender and ethnicity) in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”) and other federal, state and local regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide such information, ArcLight or its service provider may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints.

Third-Party Analytics Providers, Ad Servers, and Similar Third Parties.

ArcLight works with (or may in the future work with) network advertisers, ad agencies, analytics service providers, and other vendors to provide us with information regarding traffic on the ArcLight Platforms (including pages viewed and the actions taken when visiting the ArcLight Platforms), to serve our advertisements elsewhere online, and to provide us with information regarding the use of the ArcLight Platforms and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the ArcLight Platforms and other websites and services and may use this information to target advertising to you.

These service providers may set and access their own tracking technologies on your device (including cookies and web beacons) and may otherwise collect or have access to information about you, including Usage Information. Some of these parties may collect Personal Information over time when you visit the ArcLight Platforms or other online websites and services. Cookies and web beacons, including those set by third-party network advertisers, may be used to (among other things): target advertisements, prevent you from seeing the same advertisements too many times, and conduct research regarding the usefulness of certain advertisements to you. We may share non-personal information, including hashed or otherwise de-identified personal information, Usage Information, location information, and information about your use of our ArcLight Platforms with third-party advertising companies, analytics providers and other vendors for similar purposes.

While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative ("NAI”) or the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members.  You may also want to visit http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program. You may also be able to opt-out from interest based advertising on your mobile device through your mobile device settings. Please note that these companies may still collect information when you are online and opting out through these mechanisms does not opt you out of being served advertising. You will continue to be served generic ads while online.

Protection of Personal Information by ArcLight.

We employ commercially reasonable security methods and technologies to help secure your Personal Information. Where appropriate, we password protect, use encryption techniques and install firewalls.  However, no system can be guaranteed 100% secure. We therefore cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the ArcLight Platforms and provide us with information at your own initiative and risk.

Accessing, Changing or Deleting your Information or Subscriptions.

As part of your use of our ArcLight Platforms, you are responsible for maintaining and updating, as applicable, your account registration data with current, accurate and complete information. You may view, update and/or edit the registration data you have provided to ArcLight by logging in to your account, going to the “My Account” screen, and following the appropriate instructions. ArcLight will make good faith efforts to make requested changes in our active databases. Note, however, that information you update or change may persist internally or for ArcLight’s administrative purposes. It is not always possible to completely remove or delete all of your information from our databases, and residual data may remain on backup media or for other reasons.

Marketing Emails and Mobile Messages. Users who receive our newsletter and other marketing emails and who wish to remove themselves from that mailing list (i.e. opt out) can do so by following the link provided in an email received.  You may also be able to change your preferences within the “My Account” portion of the ArcLight Platforms.  However, please note that we reserve the right to send you certain communications relating to your use of the ArcLight Platforms, service announcements, notices of changes to this Privacy Policy or other ArcLight Platform policies, or similar administrative or transactional messages.  These transactional account messages may be unaffected if you choose to opt-out from marketing communications.

If you sign up to receive SMS or MMS messages from ArcLight, you may unsubscribe from any SMS or MMS messages received by replying “STOP”.

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device, and may in some cases do so based on your device’s physical proximity to a beacon. You can elect to stop receiving those messages at any time by changing the notification settings on your mobile device.

Third-Party Links & Content.

The ArcLight Platforms may contain links to other web sites and online content that ArcLight does not control, and the ArcLight Platforms may contain advertising and other content hosted and served by third parties. The third-party operators and content providers may send their own cookies to your device and they may independently collect data or solicit Personal Information. ArcLight is not responsible for the privacy practices employed by any third party.

Users Residing Outside of the United States and Consent to Transfer.

The ArcLight Platforms are operated in the United States and the information we collect is governed by United States law. If you are located in another jurisdiction, please be aware that information you provide to us will be transferred to and processed in the United States and, possibly, other jurisdictions. By using the ArcLight Platforms, or providing us with any information, you consent to this transfer, processing and storage of your information in and to the United States and other countries and jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

Changes to this Privacy Policy.

ArcLight reserves the right to change or modify this Privacy Policy in its discretion at any time and will notify you of material changes by posting the changed or modified Privacy Policy on the ArcLight Platforms. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified and your continued use of any ArcLight Platforms after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time it was collected without providing notice and giving you the chance to consent (opt-in or opt-out). Note, however, that you may need to consent to our new policies in order to continue to use the ArcLight Platforms and our services.

California Residents – Your California Privacy Rights.

Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. Alternatively, the law provides that a company may comply, as ArcLight does, by disclosing in its privacy policy that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice.  As stated above in this Privacy Policy, ArcLight provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time ArcLight offers that choice, ArcLight does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request by email to memberservices@arclightcinemas.com or write to us at: 120 North Robertson Blvd., Floor 3, Los Angeles, CA 90048. You must put the statement "Your California Privacy Rights" in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Please note that we are only required to respond to one request per person each year.

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