Last Modified on September 13, 2018
Our Privacy Commitment
- What information do we collect about you and how do we use it?
- What is the lawful basis for us processing your personal information?
- Where is your personal information stored?
- Will we disclose your personal information to third parties?
- What choices do you have about the collection and use of your personal information?
- What security measures do we take to safeguard your personal information?
- Your rights in relation to your personal information?
What Information Do We Collect About You and How Do We Use It?
Types of Information We Collect
Personal information means information that can be used to identify you directly or indirectly.
We collect personal information from you when you place an order via our Service; subscribe to our newsletter; receive customer or technical support; or participate in components of the Service through which users may post content. You do not need to submit personal information to access the Service generally. However, you may be required to submit personal information to us in order to access certain aspects of the Service including when you register to use the Service and or place an order. We may collect and process the following personal information about you which you provide to us:
- contact details (such as your name, address, email address and telephone number);
- demographic information (such as age and/or other information that may identify you as an individual);
- password and other authentication information;
- responses to any customer satisfaction surveys or market research (unless these are provided anonymously);
- financial and credit card information; and
- your marketing preferences.
We may also collect information from you such as your purchase history with us, mobile device operating system, browser type, Internet Protocol (IP) address, each time you access the Service and from what location you access the Service. This information may be aggregated to measure the number of visits, average time spent, page views, and other statistics about users of the Service. We also may use this data to monitor the Service’s performance and to make the Service easier and more convenient to use.
We keep track of your interaction with the Service. Our servers log and can identify what movies or content you stream, how long you stream (watch) them, and where you watch them from (i.e., from the Site or App). Our servers log and can identify the movies and other content that you purchase or rent and whether streams are successful.
365 will disclose personal information for the purposes identified herein, such as in order to provide the Service to you, responding to user inquiries, processing transactions, distributing materials, and requesting feedback.
Social Network Log-in
By utilizing your Facebook, Twitter or Google log-in credentials or by linking your 365 account with any social network account (collectively, “Social Networks”), 365 will receive, and Social Networks will share, certain of your information that is available on or through Social Network accounts, including, without limitation, your profile information, friends’ names, your photos, privacy settings, your payment information associated with your account and certain other information that may be disclosed to you during the log-in process. This will also allow you to interact with your Social Network friends on the Service. 365 is made available by 365Flix Limited and its affiliates. Social Networks are made available by their respective corporate entities.
Third-Party Privacy Policies
Further, by utilizing Social Networks, 365 will receive and Social Networks will share, certain of your information that is available on or through your Social Network account, including, without limitation, your profile information, friends names, your photos, privacy settings, your payment information associated with your account and certain other information that may be disclosed to you (and authorized by you) during the log-in process; and to allow you to interact with your Social Network friends on the Service.
How We Use Your Personal Information
The personal information you provide to us will allow us to communicate with you and provide the Service to you, depending on the aspects of the Service for which you register. This includes:
- handling your customer service questions or issues;
- alerting you of new products, services, features, special offers or enhancements to the Service;
- verifying your identity;
- for system administration purposes and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to tailor any marketing or advertising so that it is more relevant to you;
- to notify you of any changes to our services;
- for security and fraud prevention;
- to ensure that our website and digital properties are safe and secure;
- to comply with applicable laws and regulations;
- requesting feedback; and
- distributing newsletters.
We may use your personal information with other information that we have collected in a manner that does not identify you or any other user of the Service. We may make your personal information anonymous by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address). 365 will use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). 365 will be entitled to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that identifies or could re-identify any individual users of the Service.
“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site/App to allow us to provide information to make your online experience more convenient. For example, when you return to the Site/App after logging in, cookies provide information to the Site/App so that the Site/App will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, tailoring content to you. Cookies may also be used to keep track of your login name and password. You may still access the Service if you set your browser not to accept cookies however if you choose to not accept cookies then certain features of the Service may not function properly.
Do Not Track
In compliance with California legislation, AB370, effective January 1, 2014, 365’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site or App are as follows: We do not honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, 365 may collect user information about your online activities over time and across different websites and may authorize third parties to do so.
365 uses Google Analytics to help us learn about who uses the Service and how they use it. See Google’s privacy notice here for more details: www.google.com/policies/privacy/partners/
Our servers automatically record information that your electronic device sends whenever you utilize the Service. This information includes, among other things, your IP address and mobile device operating system, which aspects of the Service you use and from where, and when and how long you use them. We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
We do not knowingly collect personal information from children under 13 (or such other minimum age as is applicable in your country of residence) or allow them to access the Service. We take children’s privacy seriously and encourage parents or guardians to play an active role in their children’s online experience at all times.
If we discover that we have collected personal information from children under 13 (or such other minimum age as is applicable in your country of residence), we will delete that personal information as quickly as possible. Please contact us if you are a parent or guardian and you believe that we have collected the personal information of a child under 13 years of age (or such other minimum age as is applicable in your country of residence).
What is the lawful basis for us processing your personal information?
We will only process your personal information where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:
- Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time, including by clicking on the “unsubscribe” link at the bottom of any marketing email we send you.
- Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively as a video streaming service provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights. For example we will rely on this legal basis when we conduct certain market analysis to understand our customers in sufficient detail so we can create new services and improve the profile of our brand[s].
- Performance of a contract with you (or in order to take steps prior to entering into a contract with you): For example, where you have purchased a product from us and we need to use your contact details and payment information in order to process your order and send the product to you.
- Compliance with law: Where we are subject to a legal obligation and need to use your personal information in order to comply with that obligation.
Where is your Personal Information stored?
The personal information that we collect may be transferred to, and stored at a destination outside of the country from which you are accessing the Service, for example, outside of the European Economic Area (the “EEA”) or outside the Province of Québec, or outside of Australia, including countries which have less strict, or no data protection laws, when compared to those in Europe or in the Province of Québec or Australia.
Whenever we transfer your information as described in the paragraph above, we will take steps which are reasonably necessary to ensure that adequate safeguards are in place to protect your personal information and to make sure it is treated securely and in accordance with this privacy notice. In these cases, we rely on approved data transfer mechanisms (such as the EU “Standard Contractual Clauses” and the EU-US “Privacy Shield”) to ensure your information is subject to adequate safeguards in the recipient country. If you are located in the EEA, you may contact us for a copy of the safeguards which we have put in place to protect your personal information and privacy rights in these circumstances.
Will We Share Your Personal Information with Third Parties?
Sharing Your Information
- Asset Transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of 365’s assets, user information, including personal information collected from you through your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice displayed via the App.
Additional Information You Should Know About Third Parties
What Choices Do You Have About the Collection and Use of Your Personal Information?
Opting Out of Receiving Communications From Us
If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by writing to us at email@example.com or by clicking on the check-box to opt-out of receiving correspondence from us when registering as a 365Flix member. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account.
What Security Measures Do We Take to Safeguard Your Personal Information?
We employ technological, organizational and physical safeguards to secure personal information that are commensurate to the sensitivity of the personal information in our control. The personal information that you provide to us is stored on servers which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. We will hold your personal information for so long as it is necessary to provide you our Service and will periodically destroy or de-identify any old personal information that we hold in relation to you in accordance with our company policies, including when it is no longer necessary in order to offer you the same high-quality service. In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes. Following the termination of our relationship we will ensure that we destroy all of the personal information that we hold in relation to you within a reasonable period of time or when required by law.
We restrict access to personal information to 365 employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service. Access to such personal information is minimized whenever possible. Logs are kept of access to application data. Logs include information on individual page views and user level. Logs can be monitored for unauthorized activities. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems. Additionally, we do not receive payment information such as your credit card number, and only retain the secure token relating to your payment information provided by our payment processor for a limited period after a transaction is completed.
In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.
Security and Passwords
You must keep your password and any other authentication information for the Service and other digital properties confidential. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted during your use of the Service and other digital properties.
What Are Your Rights in Relation to Your Personal Information?
You have certain rights in relation to your personal information.
These rights include the right to object to the processing of your personal information for certain purposes, the right to access your personal information, and in certain circumstances the ability to rectify, update, erase, restrict or receive a machine-readable copy of your personal information that we hold.
You can update or correct your personal information that we hold, including your contact information and financial information by accessing your account using the Site or the App. You can also contact us and request that we update or correct your personal information that we hold. When your personal information is updated or corrected there may be some delay before changes are reflected across all of our systems and in all of the copies of your personal information that we hold.
If you believe that your personal information that we hold has been subject to loss, unauthorised access or unauthorised disclosure, please contact us immediately using the contact details below.
If you wish to exercise any other rights or if you wish to complain about the way that we have processed your personal information please contact us using the contact details below. We will handle any request to exercise your rights as soon as practicable and in accordance with applicable law and any relevant legal exemptions.
You may also have the right to complain to a data protection authority if you think we have processed your personal information in a manner which is unlawful or breaches your rights. If you have such concerns we request that you initially contact us (using the contact details below) so that we can investigate, and hopefully resolve, your concerns.
Notification of Changes
Questions? Contact Us
For individuals in the United States:
365 Flix, LLC
360 Central Avenue, Suite 800
St. Petersburg, FL 33701
For individuals outside of the United States:
18 Soho Square, 3rd Floor
London W1D 3QL
Language and Acknowledgement