PRIVACY POLICY

(Last Updated: July 2016)

 

Thanks for using Theater Ears. The Theater Ears application available on devices such as cell phones, tablets and personal computers, and the associated Theater Ears website available at www.theaterears.net (and other related websites) are owned and operated by Theater Ears, LLC (“Theater Ears,” “we” or “us”). Theater Ears assists with, implements, sells and designs, products for Americans with Disabilities Act (ADA) guidelines and regulations in movie theaters, including closed captioning, assisted listening or video description, including the Theater Ears application, which provides services that may include content and media identification and exploration, synchronization and output of media (such as synched audio tracks in languages for non-English speakers), and, in some cases, access to related third-party applications or sites that can be used in conjunction with the Theater Ears application (for example, social networking sites, sites accessible via QR codes, information and access feature providers). This Privacy Policy explains how we collect, use and disclose information in connection with our services.

 

Introduction

 

This Privacy Policy, together with our Terms of Use, governs our applications, various websites (including www.theaterears.net), widgets, email notifications, and other mediums, or portions of such mediums (collectively, our “Services”), through which you have accessed this Privacy Policy. This Privacy Policy and our Terms of Use describe the types of personally identifiable information and non-personally identifiable information that you provide to us or that we collect from you in connection with the provision of our Services (“Your Information”).

 

Please read this Privacy Policy and our Terms of Use carefully. By accessing or using our Services, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of Your Information as described in this Privacy Policy. If you do not want Your Information used or disclosed in the manner described in this Privacy Policy, then you should not use our Services or provide us with Your Information.

 

Please note that the examples listed in this Privacy Policy are illustrations, and are not all-inclusive. All of the terms and conditions of our Terms of Use (including the sections titled “We Make No Representations or Warranties Regarding our Services or the Content,” “Limitations on our Liability,” “Your Indemnification of Us,” “Our Remedies,” “Legal Disputes” and “Miscellaneous”) will apply to this Privacy Policy. To the extent that this Privacy Policy conflicts with our Terms of Use, this Privacy Policy will apply and control. All capitalized terms used and not otherwise defined in this Privacy Policy will have the meanings ascribed to them in our Terms of Use.

 

This Privacy Policy does not apply to information collected by anyone other than us (even if related to our business) nor to information collected by us where a separate privacy policy applies. This Privacy Policy does not apply to non-personally identifiable information, which, standing alone, cannot be used to determine your identity. However, if we link such non-personally identifiable information with Your Information in a manner that can be used to determine your identity, then this Privacy Policy will apply.

 

If you have questions or concerns regarding this Privacy Policy or our Terms of Use, please contact us at legal@theaterears.com or in writing at:

 

Theater Ears, LLC

Attention: Legal

20423 State Rd. 7 F18

Boca Raton, FL 33498

 

Information We Collect and How We Collect It

 

You Provide Your Information to Us

 

When you register with or otherwise use our Services, you may give us Your Information directly. For instance, when you register with our Services, you will provide us with your name, mailing address, telephone number, email address and other information that may help us improve our Services. Further, we may charge fees for all or part of our Services. To the extent that we charge any such fees, then you may provide us with certain financial information (such as credit card or bank account numbers) in connection with a Transaction.

 

Information that You Generate Using Our Communications Features

 

Our Services may allow you to communicate or share information with Theater Ears as well as other Theater Ears users. For instance, you may post public comments or send private messages. You expressly acknowledge and agree that we may access in real-time, record and store archives of these communications and comments on Theater Ears’ servers to make use of them in connection with our Services.

 

Third Parties Provide Your Information to Us

 

We may collect Your Information from sources other than you, such as from social networks (for example, Facebook), other users and our business partners. If you use or access our Services on or through a social network, then we will receive certain information about you and your friends from the social network automatically. The information that we will receive depends on the social network and your privacy settings. For instance, we may collect some or all of the following of Your Information from the social network: your name, profile picture, social network identification number, login email, physical location, gender, birthday, age, other publicly available information and any other information that you or the social network shares with us. If you access our Services from a social network, please read that social network’s terms of use and privacy policy carefully. Local law may require that you authorize the third party to share your information with us before we can acquire it.

 

We May Collect Your Information Using Technology

 

When you use our Services, we and service providers acting on our behalf may use technology to collect information about you, including your geographic location, IP address, browser type, ISP, referral and exit pages, clickstream data and information related to your device, such as hardware models and IDs, device type, operating system version, installed software, language preference, taps and interests, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. We may also collect and store (i) information locally on your device using mechanisms, such as browser web storage and application data caches; and (ii) usage statistics which will allow us to verify if content was accessed by your account and to what extent that content was used.  

 

We and service providers acting on our behalf may collect such information through a variety of technical methods, including sending cookies, web beacons, pixel tags and other anonymous identifiers to your device. “Cookies” are pieces of data stored on our computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “anonymous identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us know that you are logged in to your Theater Ears account, provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding your use of our Services.

 

Please note that, you can remove or block cookies (such as by using the settings in your browser), but doing so may affect your ability to use our Services. For more detail on how businesses use cookies, please see www.allaboutcookies.org.

 

We may create a unique device or user ID for you so we can recognize you. In some cases, we can automatically detect or infer your location using GPS, your IP address, watermarks or Bluetooth, but often your operating system will require you to grant us permission to access your GPS or Bluetooth settings; please refer to your device’s system settings regarding location services. Please note that, to use the Theater Ears application, your location must be verifiable by Theater Ears through GPS or location services. If you opt-out of such GPS or location services, you will not be able to use the Theater Ears application.

 

Furthermore, you authorize us to access the native applications of your cell phone, tablet or other device for the purposes including audio identification, photo and image capture, and automatic screen brightening and dimming, and automatic muting of such device.

 

Network Advertising 

 

From time to time, we may participate in or use advertising networks, such as third-party advertising servers, advertising agencies, technology vendors and research firms. We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables such networks to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of a website, the location of your Internet service provider’s presence, the date and time of a visit to a website and other interactions between you and a website. Please see the Online Behavioral Advertising subsection of the Choices About How We Use and Collect Your Information section below to read about how you can prevent certain third-party advertising networks from collecting information about you.

 

Third-Party Content

 

Some content or applications, including advertisements, on our Services may be served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may collect information about you when you use our Services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

How We Use Your Information

 

We may use Your Information for various lawful business purposes. Among others, these purposes may include using Your Information to:

 

§  Provide our Services to you. For example, we might confirm and complete Transactions requested by you, verify information that you provide to us and provide you with administrative notices.

 

§  Contact you and provide you with information. For example, we might contact you through telephone, email, postal, notifications, text messages or other communications to provide you with Service updates, advertisements or promotional materials, surveys, offers, quotes, personalized information and other information from us or our business partners.

 

§  Analyze, improve and manage our Services and operations. For example, we might obtain feedback regarding our Services to understand and anticipate your needs and preferences, better understand your use of our Services, customize and tailor Service content and advertising, improve our marketing and promotional efforts, engage in statistical analysis and provide feedback or information to our business partners, vendors, advertisers and other third parties.

 

§  Resolve problems and disputes, and engage in other legal and security matters. For example, we may use Your Information to comply with, monitor compliance with and enforce this Privacy Policy, our Terms of Use and any other applicable agreements and policies, as well as meet other legal and regulatory requirements and protect the security and integrity of our Services.

 

How We Disclose Your Information

 

We may disclose Your Information:

 

§  To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);

§  To our third-party vendors so that they may provide support for our internal and business operations (“Our Vendors”), including for data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional and marketing materials and our Services’ maintenance and security;

§  To fulfill the purpose for which you provide it;

§  For any other purpose disclosed by us when you provide Your Information to us;

§  With your consent;

§  To third parties that are interested in contacting you or providing offers to you that may be related to our Services or to products or services that you may find of interest;

§  As required by law or ordered by a court, regulatory or administrative agency;

§  As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including our rights or property;

§  If requested by authorities in the event of any act or instance of local, regional, national or international emergency;

§  To enforce our Terms of Use, this Privacy Policy and any other applicable agreements and policies;

§  To enforce or protect our rights;

§  In connection with a business transfer (as described in the section titled Business Transfers below); and

§  To our affiliated companies (for example, companies under common control or management with us).

 

Please note that the list above is not exhaustive and that we may, in our sole discretion, share, loan, rent, sell or otherwise disclose information we collect from you to third parties at any time, for any lawful purpose, without notice or compensation to you. 

 

When we disclose Your Information to third parties, Your Information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of Your Information. Such third parties may further disclose, share and use Your Information. By submitting Your Information to us, you expressly consent to such disclosure and use of Your Information. If you do not want Your Information shared as described above, then you should not provide us with Your Information.

 

Aggregation and De-Personalization

 

We may take Your Information and de-identify it either by combining it with information about other individuals (aggregating Your Information with information about other individuals), or by removing characteristics (such as your name) that make Your Information personally identifiable to you (de-identifying Your Information). We reserve the right to share, loan, rent, sell or otherwise disclose such information to third parties at any time, for any lawful purpose, without notice or compensation to you.

 

Promotions

 

If you are submitting information to us pursuant to a Promotion, we may share, loan, rent, sell or otherwise disclose the information that you submit with third parties at any time, for any lawful purpose without notice or compensation to you. Please refer to the official rules and privacy policy for each individual Promotion (if any), as well as our Terms of Use, for our specific policies regarding information sharing and disclosure pursuant to that Promotion.

 

Circumvention of Security Measures

 

Please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of Your Information or any voice or data transmissions, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, we are not responsible for circumvention of any privacy settings or security measures of our Services. Therefore, you use our Services at your own risk, you should not expect, that Your Information or voice or data transmissions will always remain private, and we do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate Your Information.

 

User Contributions

 

You may provide information (including messages and other content) to be published, posted, submitted, transmitted, or displayed (collectively, “posted”) on or through our Services to Theater Ears users or other third parties (collectively, “User Contributions”). Your User Contributions are posted on our Services at your own risk. We cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Business Transfers

 

We specifically and expressly reserve the right to disclose, lease, sell, assign or transfer Your Information to a buyer or other successor in the event of a sale, acquisition, merger, consolidation, reorganization, bankruptcy, dissolution or other corporate change involving our business, even if such event is only being contemplated and regardless of whether such event relates to a part or the whole of our business. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, or assets to an affiliate or independent third party at any time, for any lawful purpose, without notice or compensation to you.

 

Choices About How We Use and Disclose Your Information

 

We strive to provide you with choices regarding Your Information that you provide to us. Below are some mechanisms that provide you with control over certain information:

 

·       Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some or all parts of our Services may then be inaccessible or may not function properly.

 

·       Communications. If you do not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, you can opt-out of receiving such communications from us (other than service-related communications, such as those communications related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on or through our Services) through your account settings or, to the extent applicable, by using the unsubscribe process at the bottom of such communication or by emailing us at legal@theaterears.com. Please be aware that it can take up to 30 business days to remove you from our marketing lists. If you opt-out from receiving our marketing communications, you may continue to receive service-related communications, such as communications that are essential to your transactions on or through our Services. 

 

·       Accessing and Correcting Personal Information. If a portion of our Services allows you to create an account with us, then you can review and update some of Your Information by logging into that portion of our Services, visiting your account profile page and making changes.

 

·       Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by visiting http://www.networkadvertising.org/choices/ and following the NAI’s directions. Note that if you opt-out through the NAI, you will still receive advertising. In addition, if you opt-out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.

 

Your Information that You Disclose to Third Parties

 

Our Services may contain advertisements from third-party advertising servers, advertising agencies, technology vendors, research firms and other service providers, which are companies other than Theater Ears that may link to their own websites, online services or mobile applications. We are not responsible for the content, privacy policies and other practices of such third parties. Any information that you disclose to third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.

 

Operations of Our Services in the United States

 

Our Services are operated in the United States. Your Information may be transferred to, and stored at, a destination within or outside the United States. Your Information may also be processed by us or our third-party vendors in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Your Information may be less stringent than the laws in your country.

 

Children’s Information

 

If you are below the age of 18, you may only download, install, access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy and our Terms of Use.

 

We do not knowingly collect personally identifiable information from children under 13. If we learn that we have inadvertently gathered personal information from a child under 13, we will take reasonable measures to promptly remove that information from our records.

 

Changing Your Information

 

To the extent required by applicable law, you may request that we inform you about Your Information that we maintain, and where appropriate, request that we update, correct or suppress Your Information that we maintain in our active database. We will make all required updates and changes within the time specified by applicable law, and where permitted under applicable law, may charge an appropriate fee to cover the costs of responding to such request. Please remember, if you make such a request, we may not be able to provide you with the same quality and variety of products and services to which you are accustomed. Please direct your requests to the address listed above under the section titled Introduction above.

 

Changes to this Privacy Policy

 

We may update, amend or change this Privacy Policy at any time, in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on our Services. We encourage you to periodically check this Privacy Policy for changes, as your continued access and use of our Services following the posting of any changes will automatically be deemed your acceptance of all changes. If you do not agree to any change to this Privacy Policy, you must discontinue using the Services. This Privacy Policy replaces all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.

 

Your California Rights Policy

 

Individuals who are residents of California and have provided Your Information to us may request certain information regarding our disclosure of Your Information to third parties for direct marketing purposes. Such requests must be submitted to us at legal@theaterears.com or in writing at:

 

Theater Ears, LLC

Attention: Legal

20423 State Rd. 7 F18

Boca Raton, FL 33498

 

California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.