TABLE OF CONTENTS
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how SPE responds to “Do Not Track” browser settings. Like many other websites and online services, SPE does not currently alter its practices when it receives Do Not Track signals because there is no consensus among industry participants as to what “Do Not Track” means in this context. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com. In addition, California residents are entitled to know that third parties may collect personal information about your online activities over time and across different websites when you visit the Sites. For more information about this, please refer to Section 8 (AD SERVING AND TRAFFIC MEASUREMENT SERVICES WE MAY USE; HOW TO “OPT OUT” OF RECEIVING ADVERTISING RELEVANT TO YOU) and Section 11 (THIRD PARTY CONTENT, LINKS TO OTHER WEBSITES AND SERVICES, AND SPE CONTENT FOUND ON OTHER WEBSITES) below.
INFORMATION YOU PROVIDE TO US
The Sites may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as first and last name, e-mail address, telephone number, mobile phone number, or home address (“Personal Information”). For example, SPE may collect Personal Information when you register to receive newsletters, create user accounts, send questions or comments to us, or otherwise communicate or interact with us. The Sites may also ask you to provide other information about yourself, such as demographic information (gender, zip code, age, etc.) or certain information about your preferences and interests. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information. Please note that information submitted to the Sites via a “contact us” or other similar function may not receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.
INFORMATION WE COLLECT AUTOMATICALLY AS YOU ACCESS AND USE THE SITES
Whenever you visit or interact with the Sites or SPE content, SPE, as well as any third-party advertisers, content providers and/or service providers, may use a variety of technologies that automatically or passively collect information about how the Sites are accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, and the preceding page views. Usage Information is generally non-identifying, but if SPE associates it with you as a specific and identifiable person, SPE treats it as Personal Information.
SPE also automatically collects your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Sites. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Sites.
The technologies used on the Sites to collect Usage Information, including Device Identifiers, include:
Cookies. A cookie is a data file placed on a Device when it is used to visit the Sites. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-into or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. If you choose to disable cookies or Flash cookies on your Device, some features of the Sites may not function properly.
Web Beacons. Small graphic images or other web programming code called web beacons, (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Sites and e-mail messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails that were sent were actually opened or to determine whether content sent was actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your Device from our server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.
SPE may use information collected through our Sites, including Personal Information, in order to: (1) allow you to participate in features we offer on the Sites; (2) process your registration, including, at times, verifying that the e-mail address you provide is active and valid; (3) provide you with information that you have requested or agreed to receive; (4) tailor content, advertisements, and offers we serve you; (5) improve the Sites and for internal business purposes; (6) contact you with regard to your use of the Sites, your account, and, in our discretion, changes to any SPE policy; (7) monitor the Sites for security purposes; and (8) for purposes disclosed at the time you provide your Personal Information or otherwise with your consent.
If you use the Sites to send a friend an invitation to participate in the Sites or send other SPE- related communications, the information you provide (typically, names and e-mail addresses) is used on a one-time basis to facilitate the communication on your behalf, and is not used for any other marketing purposes unless we obtain consent from that person.
The Sites are general audience websites and we do not knowingly collect Personal Information from children younger than 13 years of age (“Child” or “Children”). However, SPE knows that certain Sites, such as those promoting a G-rated movie, may attract Children. On those Sites, SPE may request and collect e-mail address or other online contact information, which may include the online contact information of a Child, for one-time use of that information. For example, SPE may collect email address to allow visitors to receive a fun automated reply from a motion picture’s character. After the online contact information is used once in connection with the specific purpose for which it was collected, we delete the online contact information from our records and do not use it to re-contact the visitor. Additionally, if we are notified that a Child has submitted Personal Information to us through any of our Sites other than in connection with one time use, we will delete that Child’s Personal Information.
Third Parties Providing Services On Our Behalf. We may from time to time employ third parties to perform functions on our behalf; examples include hosting or operating our Sites, executing IVR programs, sending e-mail and mobile message communications, and data analysis. We may share Personal Information with third parties in order for them to provide content or complete a requested transaction or otherwise perform services for SPE.
Sweepstakes, Contests and Promotions. The Sites may offer sweepstakes, contests, and other promotions (each, a “Promotion”) that may require registration. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
Business Transfers. We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes. SPE or any of its assets, including the Sites, may be sold, or other transactions may occur in which your Personal Information is one of the key business assets for the transaction. In such a case, your Personal Information may be one of the business assets we transfer. Hence, SPE reserves the right to disclose and transfer user information, including Personal Information in connection with a corporate merger, consolidation, restructuring, the sale of certain of SPE’s stock and/or assets, or other corporate change including, without limitation, during the course of any due diligence process.
Our Sites may offer message boards, chat rooms, alternative reality games, multi-player games and other public areas (collectively, “Community Forums”) where you can engage in social networking, interact with others, as well as have the opportunity to submit photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Submissions”). To participate in certain Community Forums, you may be asked to select a username, screen name or member name and password. Please do not use your real name or the real name of another person when selecting a username (or screen name or member name).
Also, functionality on the Sites may permit interactions between the Sites and a third party website or service, such as enabling you to “like” a product on our Site or “share” content to other websites or services. If you choose to “like” or “share” content on the Site or to otherwise post information from or via the Site to a third party’s website, service, feature or application, that information will become public and the third party may have access to information about you and your use of our Site.
SPE licenses technology to serve advertisements on its own sites and within its videos and other content as that content is served across the Internet. In addition, SPE may use third party network advertisers to serve advertisements and third party analytics service providers to evaluate and provide us with information about the use of the Sites and viewing of our content. We do not share Personal Information with these third parties, but ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their owncookies, web beacons and embedded scripts on your Device from our Sites which may collect Personal Information or other information about your use over time of the Sites and other third party websites or applications and they may otherwise collect or have access to information about you, including Usage Information.
With regard to advertisements, we and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the Sites and other websites. Cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times, or to conduct research regarding the usefulness of certain advertisements to you.
We may share Usage Information about visitors to the Sites with third party advertising companies for the same purposes. We may use a variety of companies to serve advertisements. You may wish to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding the “opt-out” procedures of certain third party ad servers we may use. In addition, we work with a company called LiveRail, which offers a separate consumer opt-out, which you can access by clicking on the link below:http://ad3.liverail.com/privacy/?optout.
SPE may provide web pages or other mechanisms through which you can correct or update some of the Personal Information you have provided to us, including, without limitation, through registration with the Sites. You may opt out of receiving e-mail newsletters by following the opt-out instructions provided to you in those e-mails. If you sign up to receive SMS or MMS messages that may be offered on the Sites, you may unsubscribe from any SMS or MMS messages received by replying “STOP”. Please note that we reserve the right to send you certain communications relating to your account or use of the Sites and these transactional account messages may be unaffected if you choose to opt-out from marketing communications. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Sites. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
Certain content on the Sites may be hosted and served by third parties, which may include third party widgets (such as those that allow you to “like” or “share” content with third party websites and interactive services, or third party “get tickets and showtimes” widgets). In addition, when you are on the Sites you may be directed to other websites or services that are operated and controlled by third parties. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. In addition, SPE Site widgets or other SPE content may be included on web pages, websites and/or services that are not associated with SPE. We have no control over these third parties. These third parties may send their own cookies to your Device from our Sites, they may independently collect or solicit Personal Information or other data from you across different websites over time and may or may not have their own published privacy policies. SPE is not responsible for the privacy practices or business practices of any third party.
The Sites are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Sites, or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.