Last Updated: January 31, 2019
- The types of information we collect about you and how we collect information about you;
- How we use information about you;
- How we share information about you;
- How we protect information about you;
- Customer preferences and Opt-Out choices;
- Additional provisions.
Your Rights to Dispute
Your use of our Site and our other Services are subject to binding individual arbitration of any disputes which may arise, as provided in the Terms and Conditions. Please read the arbitration provisions of the Terms and Conditions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided in our Terms and Policies.
1. TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT INFORMATION ABOUT YOU
We, or a third-party service provider acting on our behalf (“Service Provider”), may collect personal information from you when you register with the Site; place an order on our Site; sign up for newsletters; participate in our offers and programs including sweepstakes, contests, and surveys; or otherwise contact us. This personal information may include your name, email address, zip code, gender, date of birth, race, ethnicity, income level, education level, parental status, marital status, primary language spoken in the home, photos/videos of you or other individuals, and, if you are making a purchase, financial account information (e.g., credit card, debit card or bank account information). Please remember that if others use devices into which you remain logged in, they may share information with us as if they were you, and they may have access to information that you have previously provided us. To protect your privacy, please log out from the Services you use on shared devices.
Third-Party Cookies, Web Beacons and Online Tracking
We may also use third party advertisements placed by ad networks to support our Site and promotional messages. Some of these advertisers and ad networks may use your zip code or geographic location and technology such as cookies or web beacons when they advertise on our Site or in email. These advertisers and ad networks may collect and use the non-personal information described above to provide you with relevant advertisements based on your online behavior, activities on our Site and other third-party sites, interactions with our email, demographic information, or information relevant to your general location so that the advertising you see on our Site or in email more closely reflects your interests. If you would like more information about this practice or to opt-out of this type of advertising, please click here. If you would like to disable web beacons used in our email, you should turn off or block “images” and/or HTML display in your email client. Note, however, that our systems may not recognize some or all Do Not Track headers from browsers. We may obtain information about you from third parties outside of the Services. When you sign-on to the Services or otherwise interact with social networks or if you interact with us through a social media function such as a plug-in (for example, a Facebook “like” button) then you may be permitting us to have on-going access to some information from your social network profile (such as your name, email address, your friend list, photo, age, gender, location, birthday, social networking ID, current city, the people/sites you follow, and so forth). We may also obtain information about you from a third-party data aggregator, cookie technology operator, advertising network, or another type of data company.
You are free to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Check the “Help” menu on your browser to learn how to change your cookie preferences.
2. HOW WE USE INFORMATION ABOUT YOU
We, or our Service Providers, may use the information that we collect from and about you for a variety of business purposes. For example we may use the information to: (1) provide services, complete transactions, and communicate with Site visitors and customers; (2) develop new products or services and improve the user experience on the Site; (3) respond to your inquiries; (4) provide you with targeted offers and advertising on the Site; (5) contact you with information and promotional materials from our company and select business partners; (6) contact you when necessary; (7) review the usage and operations of our Site and Services; (8) address problems with our Site, our business, or our products and Services; (9) protect the security or integrity of our Site and our business, (10) allow you to participate in the interactive features of the Services, where you choose to do so, (11) display certain content, such as content you upload and make available, such as comments, reviews, etc., (12) deter fraud or any other potentially illegal activities, and to protect the safety of our users and others; (13) enforce our terms and conditions of services, (13) create consumer profiles and audience segments, which may be used for targeted advertising on the Services or on third party services, (14) recognize devices you use and associate the information with your profile. We may use data collected or received from others, such as information about devices you use, to make a deterministic or probabilistic match of advertising and cookie identifiers. For example, we or others may match devices you use if you log onto the same online service or multiple devices or web browsers (deterministic), or if devices you use share similar attributes that support an inference that they are used by the same user (probabilistic). We also may use this information, for example, to match a user’s interest across devices, as well as for analytics, ad reporting, or to improve the services, and/or (15) combine all the information we collect or receive about you for any of the foregoing purposes We may also use your information as described to you at the point of collection, with your consent.
You may unsubscribe from promotional materials we send to you by selecting the “unsubscribe” link at the bottom of the newsletter, email, or other promotional material.
3. HOW WE SHARE INFORMATION ABOUT YOU
How We Share Your Information
- Third Parties so that they can market their products or services to you if you opt-in to subscribe to or participate in offers or promotions from these third parties;
- Co-Branded Services. Some Higher Frequencies services or promotions may be co-branded and offered in conjunction with another company. We share your information with marketing partners that participate with us in co-branded services and promotions, including with movie exhibitors;
- Service Providers, if the disclosure will enable them to perform a business, professional, or technical support function for us;
- Protecting Our Rights as necessary if we believe there has been a violation of the Site Terms and Conditions of Use or of our rights or the rights of any third party;
- Judicial Process, for purposes of providing information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise required by law; We may use or disclose information to cooperate with or enlist the support of law enforcement, government or regulatory bodies, content protection organizations or judicial processes with respect to, or to prevent, suspected or possible fraud or other suspected or possible illegal activities. We may also use or disclose information as we determine appropriate to the extent that records have been subpoenaed or otherwise in connection with pending or potential litigation, or to enforce or protect the rights or safety of Services users, us or others, or for risk management purposes;
- Consensual Disclosures, as described to you at the point of collection and consented by you;
- Order Fulfillment. To fulfill your purchase, we may share your contact information and financial account information with the movie exhibitor at which you are attending a screening and for which you are purchasing admissions, and with the provider of any other service or product from whom you are purchasing a service or product;
- Non-Personally Identifiable (or Aggregate) Information. We may share anonymous or aggregate information about Site visitors and customers to advertisers and other third parties for other marketing and promotional purposes. We will not share any personally identifiable information unless you have provided us with your prior consent to disclose such information;
- Operation of Law. Higher Frequencies may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected from and about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties;
- Social Networks: You may interact with certain features of the Services that cause information to be published to your social networks. Or, you may sign up for features on the Services or a social network that are designed to require that we provide to the social network, or the social network provide to us, information, which may include Personally Identifiable Information, to associate our records relating to you in our data base with the records that social network has relating to you in their database, so that they or we can contact you or tailor messages to you, or otherwise. On pages of the Services that contain social network functionality, the social network providing the functionality may be able to collect information about you, even if you don’t use that functionality;
- Message Boards and Other Public Areas: Information you provide to or post on message boards, chat rooms or other public areas that are part of the Services may be freely used and disclosed by us;
- For Mobile, Consumer Electronics or Other Device Apps: We may share information (including Personally Identifiable Information and how you use mobile apps, consumer electronics device apps or other device apps) with mobile carriers, technology providers, analytics providers, device makers or operators, or the operators of platforms, operating systems or other mobile, consumer electronics or other device apps;
- Opt-Ins: In some places on our Services we may place opt-ins where you can select to receive communications from companies with whom we have promotional relationships. If you opt-in to receive those communications, or opt-in to consent to share Personally Identifiable Information with them, we may disclose Personally Identifiable Information to them;
- Contests and Sweepstakes: We may publicly disclose the name, city and state of contest and sweepstakes winners if permitted by the contest/sweepstakes rules;
- Sale of Our Business or Assets: If we sell all or part of our business or assets or are otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign any or all information to a third party as part of or in connection with that transaction. Upon such a transfer, the privacy policies of the acquiring entity may govern the use and further collection of Personally Identifiable Information and Non-Personally Identifiable Information;
Links to Other Websites
Additional Information About How We Use and Share Information About You
If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the NAI Opt-out page or the DAA Opt-out page. Please note that even if you choose to opt out, you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you. Please also note that if you opt-out of targeted advertising, we may still track your visits to the Services for our own analytics, operations and security purposes.
4. HOW WE PROTECT INFORMATION ABOUT YOU
We maintain procedural, technical and physical safeguards for the Services to help protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the Personally Identifiable Information you provide via the Services. Unfortunately, no transmission of data is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. Therefore, any transmission of Personally Identifiable Information to us is made at your own risk. If you believe that your interaction with us is no longer secure, please notify us using the contact details below.
Protect Your Username and Password.
To the extent, we have customer accounts, we recommend that you not share if applicable, Site username or password with anyone. We will never ask you for your username or password in an unsolicited phone call or in an unsolicited email. Also, if accounts are applicable, remember to sign out of your account and close your browser window when you have finished your session.
Notice Concerning Children
We are a mature audience site, and do not direct any of our content specifically at children under 18 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. The Site and services are intended for general audiences and Higher Frequencies does not knowingly collect any personal information from children under age 13. If you are under age 18 you should use the Site and Services only with the involvement of a parent or guardian. If we discover that we have inadvertently gathered any such information then we will, to the extent required by law, delete such information from our records. California minors under 18 years old may request the removal of any information that they posted to the Services by contacting email@example.com. Upon such request, we will anonymize or remove from public view any content posted by a minor to one of the Services, unless required by law to retain such content or information.
Your California Privacy Rights
For California residents:
Residents of the State of California may request a list of all third parties to which our Services have disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at Higher Frequencies, Inc., Attn: Privacy Officer, 20423 State Road 7, STE F6-285, Boca Raton, FL 33498. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
DO NOT TRACK
Higher Frequencies does not currently take actions to respond to Do Not Track signals. When a uniform technological standard has been developed, we will reconsider. We continue to review new technologies and may adopt a standard once one is created.
This Site may contain message boards, user reviews, comment sections, and/or news groups available to its users. We request that you provide contact information, such as name, email, address, occupation, and interests as may be requested to be a registered bulletin board user, reviewer or commenter. This information is optional and not necessary to post messages. This information may be used by the administrator to send the user email notices. However, users may opt-out of receiving future mailings. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when deciding to disclose personal information. If you voluntarily disclose personally identifiable information in a public area of the Site, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. Higher Frequencies does not control the actions of users in public areas of the Site. If you disclose personally identifiable information in a public area, you do so at your own risk.
5. OPT-OUT, REMOVE, OR UPDATE YOUR INFORMATION
You may opt-out of, or choose not to receive, marketing communications from us and our partners at the point where we request your information.
You may choose not to receive future communications and no longer receive our service as well as remove your information from our database using the following methods:
- Email. Users can send email to firstname.lastname@example.org
- Postal Mail. Users can send mail to the following postal address:
Higher Frequencies, Inc.
20423 State Road 7
Boca Raton, FL 33498
Note: It may take up to 10 business days to process your request
Updating Your Information
You may update or correct the information you previously provided to us using the following methods:
- Email. Users can send email to email@example.com
- Postal Mail. Users can send mail to the following postal address:
Higher Frequencies, Inc.
20423 State Road 7
Boca Raton, FL 33498
5. OPT-OUT, REMOVE, OR UPDATE YOUR INFORMATION
You also can engage with our content on or through third-party social networking sites, such as Facebook, Twitter or other third-party social media plug-ins and applications. When you engage with our content on or through third party social networking sites, plug-ins and applications, you may allow us to have access to certain information from your social media profile to deliver the content or as part of the operation of the application. We may also obtain non-personally identifiable information from your interaction with our content.
When you provide information from your social media account, it can help enable us to do things like (1) give you exclusive content, (2) personalize your online experience with us within and outside our applications or websites, and (3) contact you through the social networking sites or directly by sending you the latest news, special offerings, and rewards. By doing so, you consent to the use of this information in accordance with our Privacy Statement. When you provide personal information to us through an application, on our sites, or on social networking sites, it may be publicly viewed by other members of these sites and we cannot prevent further use of the information by third parties.
Governing Law and Arbitration
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. Your access and continued use of the site and the Services signifies your explicit consent to this waiver. If, however, the law of your state would find this agreement to dispense with class arbitration procedures unenforceable, then this entire paragraph (Class Action Waiver) is unenforceable.
Governing law and Consent to Processing and Transfer of Information About You
The Services are governed by and operated in accordance with, the laws of the United States. Higher Frequencies makes no representation that the Services are governed by or operated in accordance with the laws of any other nation.
If you are located outside of the United States, please be aware that information we collect, including Personally Identifiable Information, may be transferred to, processed, stored and used in the United States. Under United States law, your Personally Identifiable Information may be subject to access requests from governments, courts, or law enforcement in the United States.
This Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond the Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This Policy only applies to information collected through the Site. This Policy does not apply to any information we may collect from you in any place other than the Site.
The Site has security measures in place to prevent the loss, misuse and alteration of the information that we obtain from you. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information.
While the Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the Site, you expressly acknowledge and agree that we do not guarantee the security of any provided to or received by us through the Site, and that any personal information, general information, or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume.
Data Retention and Deletion
We may retain your data for as long as you use the Services and for a reasonable time thereafter. If you’d like to delete, modify or update the Personally Identifiable Information that you provided via the Services please use the settings on the Services or contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of this data may be required in order for the Services to function properly, and we may be required to retain certain information by law.
THE LEGAL BASES ON WHICH WE USE YOUR INFORMATION.
We describe above how we use your information. We often rely on the following legal bases where we use your information, as described above:
- Where it is necessary to fulfill a contract that we have in place with you. Examples of situations where we rely on this basis include where we have a contract with you to provide you with Services or provide you with a sweepstakes prize you have won.
- Where it is necessary for the purposes our legitimate interests as a global media organization. This may include our interests in understanding our customers, ensuring our services are being provided efficiently and satisfactorily and ensuring proper administration of our businesses. Examples of situations where we rely on this basis include providing you with technical support, responding to your requests and inquiries, preventing fraud or any other potentially illegal activities and protecting the safety of our users and others.
- Where it is necessary in order to comply with a legal obligation to which we are subject. Examples of situations where we rely on this basis include complying with subpoenas, search warrants and court orders;
- Where you have given us your consent to do so. Examples include where we need to send you newsletters and information about products, services and promotions.
YOUR RIGHTS AND CHOICES: WITHDRAWING CONSENT AND OPTING-OUT
In addition to the rights above, you may have the right to have the information you have provided to us and which we use to provide services to you in a machine-readable format. This right enables you to move your information from one provider to another, for example, so that the other provider can continue to service your needs effectively.
Change of mind or objection
Where you have given us consent to use your information for any of the above purposes, you have the right to withdraw that consent at any time. You may also have a right to object to our use of your information where we are relying on a legitimate interest and there is something about your particular situation that makes you want to object to our processing on this ground.
These rights do not apply in all cases however. Please contact the relevant online service or email@example.com for more information about whether these rights apply and if so, how they can be exercised.
WHERE YOUR INFORMATION WILL BE USED
As a global organization, Higher Frequencies, may need to transfer your information outside the European Economic Area and make it accessible to our affiliates, Partners and third-party service providers internationally. We do so in order to provide you with our services and for the other purposes outlined above. Please be aware that the data protection laws in some of these countries may not offer the same level of protection as those in your country of residence. Before transferring your information in this way, we will take steps to ensure that suitable safeguards are put in place aimed at ensuring an appropriate level of protection applies to your information. For further information on these safeguards, please contact us at firstname.lastname@example.org.
HOW LONG WE KEEP YOUR INFORMATION
We will keep your information only for long as it is necessary for the purposes described above (to provide you with the service or deliver a product, for our legitimate interests as described above and in order to detect and prevent fraud, and comply with our legal and regulatory obligations). This period will vary depending on your interactions with the Services. For example, depending on the type of service you use, we may retain your account data for a reasonable period of time after your last activity or after you stop paying for services. This is to enable you to easily come back and start using the service again. We may also keep a record of correspondence with you relating to the Services, for example, if you have made a complaint, for as long as is necessary to protect us from a legal claim. Similarly, when you unsubscribe from our email newsletters or promotional emails, we will keep a record of your email address to ensure we do not send you marketing emails in the future.
If you have any enquiries about how we use your information, please contact us at email@example.com. You may also have the right to lodge a complaint with a data protection authority should you have any concerns about the manner in which we use your information. Before doing so however, we would encourage you to first contact us directly to allow us an opportunity to resolve any concerns you may have.