EMAGINE PRIVACY POLICY

This Privacy Policy explains how your information is collected, used, and shared by Emagine Entertainment (“Emagine,” “we,” “our,” or “us”) when you access or use the website http://www.emagine-entertainment.com/, use our mobile apps that link to this Privacy Policy, or join an Emagine rewards or membership program (collectively, the “Services”). This Privacy Policy explains how we collect, use and disclose information that identifies, relates to, describes, or can be linked to an individual, either directly or indirectly (“Personal Information”) when you visit or use our Site, online or offline products and services, or otherwise interact with us.

BY ACCESSING THE SITE, USING THE PLATFORM OR OUR SERVICES, OR OTHERWISE INTERACTING WITH EMAGINE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, including the CLASS ACTION WAIVER provisions, below.  

If you do not agree to this Privacy Policy, you are instructed not to use the Site, Platform, or Services

INTRODUCTION

This Privacy Policy explains how Emagine and its affiliates collects, uses, and discloses information about you when you use our Sites, Services, and Platform, receive our emails, attend our events, or otherwise interact with us.

WHAT YOU AGREE TO BY USING OUR SITE OR SERVICES

By using the Services and providing us with Personal Information (you agree to the practices described in this Privacy Policy, Terms and Conditions, and to the updates to these policies posted here from time to time.  To make sure you stay informed of all changes, you should check these policies periodically. Updates will be referenced by the “Last Updated” date shown above.

I. The Information We Collect.

We may collect or receive the following categories of information about you that can personally identify you – either on its own or when combined with other information.  How we collect or receive this information depends on the context, such as the Services you use, your device or browser settings, or your account settings.

Not all categories of information will be collected or received about every individual.

Video Viewing Behavior

Your video viewing activity, including information as to whether you requested or obtained specific video materials or services, may be collected and shared by Emagine with third parties, including, without limitation, service providers with whom we partner to provide our Products to you, as well as our advertising, social media and other business partners.  By using our Products where videos are displayed, you consent to the collection and sharing with third parties of your video viewing activity, if any, with each such consent being valid for two years from the date of such use or until you withdraw your consent.

• A Note on Sensitive Personal Information

Sensitive Personal Information is broadly defined under different data privacy laws and may include:

• Your racial or ethnic origin
• Your political opinions
• Your religion or other beliefs
• Your health, biometric or genetic characteristics
• Any trade union membership
• Your sexuality (information about your sex life or sexual orientation)
• Any criminal background
• Precise geolocation
• The content of your private communications (other than messages you may send to us)

Emagine does not wish to collect most categories of SPI.  We will only collect sensitive personal information for the purposes and in the manner allowed by law or with your consent, where permitted by law.

Consistent with applicable law, you may limit certain uses or disclosures of your sensitive personal information and may exercise this right by contacting us [email protected].

II. How We Collect Your Information

Generally, there are three ways we collect your information:

• Information You Provide to Us.
• Information We Automatically Collect.
• Information We Collect from Other Sources.

Information You Provide

We may collect the following information you provide to us directly when you:

1. Use our Site:When you come to our Site, we may automatically collect certain information:

• Device and Usage Information. When you access or use our Services, we may collect certain information about your device and how you interact with the Services. This includes:
  1. Device Information: We may collect data about the computer or mobile device you use to access the Services. This may include your IP address, unique device identifiers, browser type and language, operating system, Internet service provider, and platform type.
  2. Usage Information: We may track, collect, and aggregate data about how you interact with our Site and Services. This includes information such as the pages and content you view, the order in which they are visited, the amount of time spent on each page, the number of clicks, referring and exit URLs, domain names, clickstream data, landing pages, the date and time you accessed the Services, frequency of use, and error logs.
  3. Interaction Data: We may also collect information about how you navigate to and from our Site, including the URLs from which you linked, as well as the hyperlinks you click within our Site.

To help us collect and analyze this data, we may use third-party analytics providers and technologies, such as cookies, web beacons, and other similar tools. These technologies assist us in understanding user behavior, improving functionality, and optimizing the user experience.

• Video Viewing Information: We may collect information concerning your engagement with and consumption of videos, video content and URLs on our Site, including whether you requested or viewed specific video materials or services.

• Location information. When you use our mobile apps we may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. Your GPS location is your precise geolocation, which is considered a type of sensitive personal information.

• Cookies, Beacons and Pixels: We and our service providers may also use cookies and web beacons when you visit our Site.

2. Engage with Us Online

We may collect personal information you choose to provide when you interact with our Services, including but not limited to when you:

• Register an account;
• Enroll in one of our membership or rewards programs;
• Log in to or edit your account;
• Subscribe to a newsletter, purchase a ticket, or make a transaction;
• Contact customer support;
• Enter contests, sweepstakes, or participate in surveys or promotions.

This information may include:

• Contact Information: Name, email address, phone number, postal address, and zip code;
• Demographic Information: Date of birth, theater preferences, and movie interests;
• Account Credentials: Username, password, and other identifiers;
• Financial and Billing Information: Credit card details, billing address, and financial account information;
• Purchase and Attendance Information: Tracked for administering membership or rewards programs;
• Communication Preferences: Your choices regarding how and when you want to hear from us.

Please note: The decision to provide personal information is optional; however, failure to provide certain information may limit your ability to access specific features or content.

3. Engage With Us Offline. While we understand that some individuals may prefer offline communication, our Company is not structured to support that approach. Our Services are designed for online engagement, which enables us to provide the most accurate, efficient, and timely support.

B. Automatically-Collected Information

We may automatically collect certain information about the computer or devices you use to access the Services, even if you are not logged in. In addition, we may generate new insights or information about you from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”).

C. Information from Third Parties

We may acquire information from other trusted sources to update or supplement the information you provide, or we collected automatically.  The sources of this Information may include:

1. Publicly available sources. As permitted by law, we may collect information from public websites, databases, court records, etc. such as contact information, demographic and professional data and interests.
2. Social Media Platforms. When you engage with us on social media platforms (like Facebook or TikTok) or log into your account using social media credentials, we may access information such as your profile name, email address, friend/follower lists, demographic details, activities (likes, shares, comments), location, and reactions to our services. Additionally, if you’re logged into your social media account while using our services, the platform may track your activity. Please review the privacy policies of the relevant social media platforms for their practices and instructions on managing your privacy settings.
3. Advertising Partners and other Third Parties. Advertisers, marketing companies, data analytics companies, and data brokers may share information about you with us that is derived from privately-owned databases give us access to a range of information sources like publicly available data, government data, survey data and more. This data may include your mailing address, your gender, your age, your household income and other demographic data. Anonymous or De-Identified Data

We may anonymize and/or de-identify information collected by the Services or via other means so that the information does not identify you.  Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose.

III. How We Use the Information We Collect.

We use the information that we collect in order to:

• Provide you with the services and products you have requested and send you information about your relationship or transactions with us;
• Customize the content and advertising that you see on the Services;
• Notify you about new features of the Services, special events, special promotions (e.g., birthday gifts), and send you newsletters;
• Generate and review reports and data about our user base and Services usage patterns;
• Analyze the accuracy, effectiveness, usability, or popularity of the Services and perform research regarding our users and how they use the Services;
• Improve the content and features of the Services and develop new services;
• Provide you with e-mail or direct mail marketing communications about our products and third-party products and services that we believe may be of interest to you;
• Help prevent fraud and enforce the legal terms that govern your use of the Services; and
• Administer and troubleshoot the Services.

We may combine information that we collect from you with other information we obtain from third parties and any other product or service we provide to further improve the relevance and effectiveness of products, services, and advertisements offered on or through the Services.

IV. Information Sharing and Disclosure.

We may share your information for the following purposes:

• Service Providers. We may share your information with service providers that help us deliver the services you request, such as credit card processors, advertisers, analytics providers, data management services, web hosting, and web development. We furnish service providers with the information needed for them to perform these services, however, each service provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved.

• Legal Purposes. We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process.  We may also share your information in situations involving potential threats to the physical safety of any person, violations of this Privacy Policy or the Terms of Service; or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of Emagine, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.

• Business Transactions. As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.  You may have the opportunity to opt out of any such transfer if, in our discretion, the new entity plans to handle your information in a way that differs materially from this Privacy Policy.

• We may share your information in any other circumstances where we have your consent.

A. Online Analytics and Tailored Advertising

Online Analytics.  We may use third-party web analytics services on our Services, such as those provide by Google Analytics.  These service providers use the sort of technology described in the Automatically-Collected Information section above to help us analyze how users use the Services, including by noting the third-party website from which you arrive.  The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services.  To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser by clicking here.

Tailored Online Advertising.  Third parties whose products or services are accessible or marketed via the Services may also place cookies or other tracking technologies on your computer or other device to collect information about your use of the Services, in order to (i) inform, optimize, and serve advertising content based on past visits to our Services and other sites and (ii) report how our advertising content impressions, other uses of advertising services, and interactions with these advertising impressions and services are related to visits to our Services. We also may allow other third parties (e.g., ad networks, servers and platform) to serve tailored advertising to you on the Services or on other websites or in other mobile applications, and to access their own cookies or other tracking technologies on your computer or other device you use to access the Services. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed by such third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer or mobile browser to deliver tailored advertising (i.e., not just for the Services), you may visit the Network Advertising Initiative’s Consumer Opt-Out Link  and/or the Digital Advertising Alliance’s Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertising content even if you opt-out of tailored advertising.  In that case, the advertising content will just not be tailored to your interests.  Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

V. Your State Privacy Rights

Emagine may operate in states that provide residents with certain privacy rights.

If you reside in certain states where we operate, like Minnesota and Indiana, this section may apply to you. Depending on your state, you may have (and we will honor to the extent applicable) the following data subject rights:

VI. How to Exercise Your Privacy Rights

We provide you with a variety of ways to control the personal information we hold about you, including choices on how we use that information.

1. Account Settings.  You may access, modify or delete your account, update your subscriptions and email newsletters associated with that account https://www.emagine-entertainment.com/emagine-rewards/.
2. Communication Preferences.  You can unsubscribe from email, mail, telephone and text message communications from us.  To do so, email us at [email protected].
   • For email requests, it may take up to ten days for us to process your requests. For requests related to telephone calls, text messages, mobile service notifications it may take up to 30 days. If you adjust your postal mail preferences, it may take six to ten weeks before you stop receiving mail because postal mailings are prepared many weeks in advance.
   • Regardless of your marketing communication preferences, we may still contact you for transactional or informational purposes, such as customer service, reminder or service notices, recalls, or information regarding your subscription or order(s).
3. Opt-Out of Targeted Advertising.  We may use your information for targeted advertising purposes, as described above.  To opt-out of targeted advertising email [email protected].
4. Cookie Controls.  Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our websites. If you choose to delete cookies, settings and preferences controlled by those cookies, including third party targeted advertising preferences, may be deleted and may need to be recreated.
5. Access, Correct, Delete or Restrict Processing of Your Information.   In some jurisdictions, you may have the right to access, modify or delete the personal information that we have about you.  To exercise any of the rights described above, please submit a verifiable consumer request to us by either:
   • Emailing us at:  [email protected].
   • You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period.
6. Other State-Specific Privacy Rights.  If you reside in a state with a state privacy law, you may have additional privacy rights.  Our State Data Privacy Rights section to this Privacy Policy includes instructions on how you may exercise those rights.
7. Verification & Authorized Agents. You may use an authorized agent to submit verifiable consumer requests on your behalf.  An authorized agent is a natural person or a business entity that you have authorized to act on your behalf.  We will take reasonable steps to verify your identity and requests, including by verifying your account information, residency or the email address you provide. If you are an authorized agent submitting a request on behalf of another individual, we may require proof of your written authorization before processing the request. We may deny a request from an authorized agent that does not submit proper verification proof.
8. Exempt Information.  Certain information may be exempt from such requests under applicable law such as information we retain for legal compliance and to secure our Services. We may need certain information in order to provide the Products or Services to you; if you ask us to delete it, you may no longer be able to obtain the Products or use the Services.
9. Non-Discrimination.  You will not receive discriminatory treatment by use for the exercise of any of your privacy rights described herein.

VII. Children’s Privacy

Our websites, apps, and services are not intended for children under the age of 13, and we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not submit any personal information through our websites, apps, or other services. If we become aware that we have inadvertently collected personal information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

If you are a parent or guardian and believe that your child has provided us with personal information, you may contact us to review, delete, or withdraw consent for the collection, use, and/or disclosure of your child’s personal information as required by law. Parents and guardians may request that we delete or refuse further collection of their child’s personal information.

If you believe we may have collected personal information from a child under 13, please contact us immediately at:

• Email: [email protected]

We are committed to protecting children’s privacy and complying with all applicable laws regarding the collection and use of personal information from minors.

VIII. Data Security and Retention.

The security, integrity, and confidentiality of your information are important to us. We have implemented technical, administrative, and physical security measures that are designed to protect guest information from unauthorized access, disclosure, use, and modification. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your personal information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

IX. Other Important Legal Terms

The terms in this Privacy Policy and in our Terms of Use have legal importance and may be used by us in a legal proceeding, including to restrict certain claims by you or to limit your rights.

Specifically, in using our Services or accessing the Site you agree:

1. Video Viewing Behavior. As described elsewhere in this privacy policy and for purposes of clarity, your video viewing activity, including information as to whether you requested or obtained specific video materials or services, may be collected and shared by Emagine with third parties, including, without limitation, service providers with whom we partner to provide our Products to you, as well as our advertising, social media and other business partners. By using our Products where videos are displayed, you consent to the collection and sharing with third parties of your video viewing activity, if any, with each such consent being valid for two years from the date of such use or until you withdraw your consent by emailing [email protected].
2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE EMAGINE PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE EMAGINE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR; (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY. DESPITE THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST US WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO US IN THE LAST TWELVE (12) MONTHS, IF ANY, whichever is greater.
   • Some states and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages and to the extent you are a consumer the limitations or exclusions in this section may not apply to you.
3. Indemnification. You agree to indemnify, defend, and hold harmless the Emagine Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees and costs) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) your unauthorized use of the Services, or products or services included or advertised in the Services; (ii) your access to and use of the Services; (iii) your violation of any rights of another party; or (iv) your breach of these Terms.  We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
4. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any principles of conflicts of law.
5. Statute of Limitations for All Claims. To the extent permitted by applicable law, you agree that regardless of any statute or law to the contrary or providing for a longer period, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred.
6. Dispute Resolution. You agree to the Arbitration Agreement set forth in our Terms and Conditions.  Please read the Arbitration Agreement carefully, as it requires you to arbitrate disputes with Company Parties and limits the manner in which you can seek relief from the Company Parties.
7. Class Action Waiver. You agree to the Class Action Waiver set forth in our Terms of Use. Please read the waiver carefully, as it limits your right to bring a class action against us.

X. Accessibility

We are committed to ensuring all functionality and content is accessible to all our customers.

If you experience any difficulty in accessing any part of this Website or this Policy you may contact us at [email protected].

XI. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. The “Last Updated” date at the top of this page indicates when it was last updated. If we make material changes, we will notify you either by email to the most recent email address provided to us, through a pop-up window on our homepages, or through another method as required by law. Any changes will become effective on the “Last Updated” date indicated above.

Where permitted by applicable law, after we post any changes on this page, your continued use of our Website and/or Services following the posting of changes constitutes your acceptance of such changes.

XII. Contact Us

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Information described here, your choices and rights regarding such use, or you wish to exercise your rights, please contact us as provided below.

Email us at: [email protected]

Write us at: P.O. BOX 841, Troy MI 48099

Contact us via the contact form at: http://www.emagine-entertainment.com/contact/