Effective Date: June 30, 2020.
Last Updated: July 5, 2023
1. Introduction and Overview.
For purposes of applicable data protection laws, A24 Films LLC is the data controller with regard to the data processing described below. You can contact our data protection officer (“DPO”) at DPO@a24films.com.
2. What Information We Collect.
We and our agents, vendors, consultants, and other service providers (collectively, “Service Providers”) collect the following categories of personal information, depending on your interactions with us:
- Identifiers and contact information, such as your name, address, phone number, IP address, email address, and A24 account username and password;
- Payment information, such as your credit card number, expiration date, card verification number, and billing address, if you make a purchase on the Sites; This is considered sensitive personal information and may be subject to additional privacy rights, as described more fully below;
- Demographics and characteristics of protected classifications, such as zip code, age, and gender;
- Purchase, viewership, and preference information, such as the films, shows, podcasts, articles, and content that you search for or view and the details thereof, and the products and items that you browse, bid on, add to your cart, buy, or return;
- Internet or other electronic network activity information when you visit the Sites or interact with our emails or online ads and content. For example, we use tracking tools like cookies and pixels to automatically collect information like device identifiers, the type of browser and operating system you are using, your browsing and search history on the Sites, what areas of the Sites you visit and for how long, what products or content you view and click on, what website you came from to get to us and what website you go to when you leave us, and your interactions with our digital ads and content on other websites. We also embed web beacons (also known as pixels) in the emails we send to you to help us understand how you interact with those messages, such as whether and when you opened an email or clicked on any content within the email;
- Location: We collect your general location via pixels when you interact with our Site.
- Professional or employment-related information if you apply for a job, such as your resume/CV, work history, social/professional networking pages, and any other info you choose to submit with your job application. And if you engage with us in a business-to-business capacity on behalf of your employer, we will collect professional information about you, such as your employer name, job title, your business contact information, and records of our business correspondence and transactions with you;
- Sensitive personal information: If you create an account with us, we will collect and store your A24 login credentials. If you make a purchase on the Sites, we will collect your payment card number and billing information.
- Inferences drawn from any of the above information to create a profile about you; and
- Other information that you consent to us collecting from time to time.
3. How We Use Your Information.
- Manage our Sites and Services, including your registration and account;
- Process and facilitate your transactions, including purchases made through our online stores and auctions;
- Provide access to free and/or purchased downloads and other similar content;
- Customize your browsing and shopping experience on the Sites;
- Respond to your comments, questions, and requests, and to provide customer service;
- Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
- Prevent and address fraud, breach of policies or terms, and threats or harm;
- Monitor and analyze trends, usage, and activities;
- Conduct research, including focus groups and surveys;
- Improve the Sites, Services, or other A24 applications, marketing efforts, products and services;
- Tailor and serve advertisements to you, and to send you marketing communications regarding our products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications and marketing efforts, please see “Your Choices” below);
- Evaluate applications for employment and other employment-related purposes;
- Verify or authenticate your identity in relation to requests you make or communications you send;
- Comply with legal obligations;
- If you engage with us in a business-to-business capacity on behalf of your employer, in addition to the above, we also use your personal information to administer and manage our relationship with you and your employer (such as record keeping, payments, communicating with you, tracking outcomes, and verifying your eligibility and suitability); and
- Fulfill any other purpose disclosed at the time you provide personal information.
4. We Collect Information About You From Various Sources.
We collect and receive information about you from various sources, both indirectly and directly:
- Information you provide directly to us. For example, we collect information when you register an account, make a purchase, sign up for our newsletter, access our content, or otherwise communicate or transact with us through the Sites and Services, or engage with us on behalf of your employer.
- Information collected automatically from your devices. We and our Service Providers use tracking tools like browser cookies, beacons, and pixels to automatically collect information about you when you interact with our Sites and Services, including when you view or click on our digital ads and emails that we send to you.
- Information collected on our behalf by Service Providers. We hire Service Providers to help us operate our business. Service Providers may host or maintain our Sites, provide cloud services, send emails, assist with customer support, provide market research or analytics, assist in order fulfillment, collect or publish customer reviews, or process payments. In performing such activities on our behalf, those Service Providers collect information about you.
- Information provided by other users. We may receive information about you from other users and individuals, for instance if someone gifts you a AAA24 membership or if someone gifts you a pass to our Screening Room service.
- Information provided by other parties. We work with other business partners, marketing partners, foundations, data brokers, social media platforms, exhibitors (such as movie theaters and streaming platforms), and other Third Party Services (as defined below) that may give us information about you. If you are a job applicant, we may get information about you from background check providers and job references (such as past employers). When we get information from other sources, we may combine that in a database with information we already have.
5. We Share and Disclose Your Information.
We share your personal information, including in some cases your sensitive personal information. Depending on the circumstances, we can share your personal information with the following parties:
- With our Service Providers who host or maintain our Sites, provide cloud services, send emails, assist with customer support, provide market research or analytics, assist in order fulfillment, collect or publish customer reviews, or process payments. We share information with those Service Providers in order for them to perform the activities listed above in Section 3 at our instruction or on our behalf (in which case they will handle personal information in the capacity of data processors or service providers under applicable data protection law); Please note that these Service Providers will directly collect, or receive from A24, sensitive personal information as necessary for them to process payments, verify your username and password when logging into an A24 account, or conduct background checks on job applicants;
- With our affiliates. We may share information with other brands within the A24 ownership structure, such as Rules Beauty LLC d/b/a Half Magic Beauty.
- With our business partners. For instance, we may share information with organizations with whom we jointly sell or co-brand merchandise, with whom we run a joint promotion, with whom we collaborate on ticketed events (such as virtual screening rooms or in-person screenings), distributors of our content (such as movie theaters and streaming platforms), or organizations who are the beneficiary of auction proceeds.
- With marketing companies and social media platforms. We share information with companies that help us in our marketing efforts, including social media platforms, ad servers, advertising networks, and adtech platforms. This includes allowing select marketing companies to place their own cookies or other tracking tools on our Sites to track your activities across time and services, so that they may tailor and serve ads to you based on your activities (“Interest-based Advertising”). The information collected and stored by these marketing companies remains subject to their own policies and practices. For further information on tracking technologies and your choices regarding them, please see “Your Choices” below;
- With third parties in relation to the sweepstakes, contests, surveys, and other promotions that we run from time to time, either by ourselves or jointly with another organization. If you voluntarily choose to enter such a promotion, we will disclose your personal information to third parties for administrative purposes and as required by law (e.g., by publishing your information as part of a legally required winners list, if you win), and we may share your information with a co-sponsor;
- With law enforcement, government bodies, and other officials as required to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements;
- With other parties as reasonably necessary to protect the rights, property, life, health, security and safety of us, the Sites, the Services or any third party, including to enforce our policies;
- With other companies (including their and our advisors) in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company;
- With other third parties we describe to you at the time you provide your personal information, for the limited purposes we disclose at such time; and
- With other third parties at your express consent or at your direction.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you, or deidentified information about you, with third parties for any purpose.
6. Third Party Services, Features, and Devices.
Our Sites and Services contain content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”), such as social network sites. In addition, the Sites and Services contain features that allow you to interact with, connect to, or access the Sites and Services through Third Party Services and third party devices (“Third Party Features”). For example, you interact with a Third Party Service when you “like” or “share” content over social media through our Services, or when you purchase merchandise from our Site. Remember that third parties may use their own tracking tools to independently collect information about you, and may solicit personal information from you. Also, if you use a Third Party Feature, both we and the applicable third party may have access to and use information associated with your use of the Third Party Feature.
7. Your Choices.
A. Marketing Communications.
You can opt out of receiving promotional e-mails from us at any time by following the instructions in the e-mails to click on the unsubscribe link, or by sending an e-mail to us at DPO@a24films.com, with the word UNSUBSCRIBE in the subject field of the e-mail. Please note that your opt out is limited to the e-mail address used and will not affect subsequent subscriptions or non-promotional communications, such as those about your account, transactions, servicing, or A24’s ongoing business relations. You can opt out of receiving text messages from us at any time by responding STOP to any text message we send you.
B. Our "Do Not Track" Policy
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is currently no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
C. Cookies, Analytics, and Advertising Tracking Tools.
As disclosed in Section 2 and Section 4 above, we and our partners automatically collect information about your devices and online interactions using tracking technologies like cookies, pixels, and web beacons, across time and across different platforms.
We and our partners engage in interest-based advertising by using tracking tools to understand your online interactions over time and across different platforms in order to serve advertisements that are more tailored to your interests. To opt-out of tracking for interest-based advertising purposes from participating companies, visit both the Digital Advertising Alliance WebChoices tool at www.aboutads.info/choices and the Network Advertising Initiative opt-out at www.networkadvertising.org/choices. Please be aware that even if you opt out of interest-based advertising, you will continue to receive online ads.
Options you select and choices you make are browser-, website-, and device-specific. If you clear your cookies, you will need to set your preferences again.
8. Your Privacy Rights.
8.1 United States Privacy Rights
California’s “Shine the Light” law permits consumers in California to request certain details about how their personal information is shared with third parties for those third parties’ own direct marketing purposes, one time per year. A24 may share your personal information with third parties for their own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please e-mail us at DPO@a24films.com, or send us a letter to A24 (Attn: Legal), 1245 Broadway, 10th Floor, New York, New York, 10001. Requests should include “Shine the Light Request” in the email subject line or the first line of the letter, and should include your name, street address, city, state, and ZIP code. Also, any California residents under the age of eighteen (18) who have registered to use the Services and who have posted content or information on the Sites or Services can request that such information be removed by sending an e-mail to DPO@a24films.com. Requests must state that the user personally posted such content or information, and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
In addition, where provided for by applicable United States federal or state privacy laws, you may be entitled to exercise some or all of the rights described below with respect to your personal information:
- Access / Right to Know: You have the right to confirm whether we process personal information about you and to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. You have the right to know: (i) the categories of personal information we collected about you (including sensitive personal information); (ii) the categories of sources for the personal information we collected about you; (iii) the categories of personal information we sold or disclosed, (iv) our business or commercial purpose for collecting and selling that personal information; (v) the categories of third parties with whom we shared your personal information; (v) a portable copy of the specific pieces of personal information we have collected about you; and (vi) information about the logic involved in any automated decision-making processes used by A24 (if any), as well as a description of the likely outcome of the process with respect to you (if applicable).
- Right to Correct or Update: You have the right to request that we correct, update, or modify the personal information we maintain about you.
- Right to Delete: You have the right to request that we delete any of your personal information that we maintain about you, subject to certain exceptions permitted by US privacy laws (such as if the information is necessary to complete a transaction or to retain pursuant to legal obligations).
- Right to Opt-Out of Automated Decision-Making: You have the right to request to opt-out of any profiling or automated decision-making (however, only to the extent we engage in such automated processing activities).
- Do Not Sell My Personal Information or Share My Personal Information for Behavioral Advertising: You can opt-out of the “sale” and “sharing” of your personal information by clicking this Do Not Sell or Share My Personal Information link, or by using an opt-out preference signal or universal opt-out mechanism on a supported browser. Your selections are specific to the device, website, and browser you are using, so you should make your selections on every device and browser you use to access this website. Your selections are also deleted whenever you clear your browser’s cache.
- Limit the Use of my Sensitive Personal Information: In relation to any sensitive personal information identified in Section 2 above, you can request that we limit our use and sharing of such information only to those uses which are necessary to carry out our relationship with you (such as providing our goods and services that you’ve requested, maintaining the quality of our services, or protecting our services against illegal activity), or as otherwise described in relevant privacy laws.
We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. If you are not satisfied with the outcome of your request and would like to request further review, you may send an email to DPO@a24films.com with "Personal Information Requests Appeal" in the subject line.
As noted earlier, if you are an employee or contractor, your rights with respect to your personal information collected in the employment context will be described in a separate privacy notice that we provide to you where and when appropriate. We will not discriminate against you for exercising any of your U.S. privacy rights, such as by denying you goods or services, charging you a different price or rates for goods or services, or providing you a different level of quality of goods or service.
How to Exercise Your United States Privacy Rights
Eligible individuals may request to exercise their privacy rights by submitting a request to us by either emailing us at DPO@a24films.com or sending a letter to A24 (Attn: Privacy), 1245 Broadway, 10th Floor, New York, New York, 10001, or clicking the “Do Not Sell or Share My Personal Information” link at the bottom of this webpage.
We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps may vary depending on the sensitivity of the personal information and whether you have an account with us.
You can designate an authorized agent to make a request on your behalf by following the same steps described above. But when submitting the request, please ensure the authorized agent identifies himself / herself / itself as an authorized agent.
Additional California Privacy Disclosures
For purposes of California privacy law, please also note the following specific information about how we collect, use, and share your personal information:
- Depending on our interactions with you, we may collect, use, and disclose for our business and commercial purposes the following categories of personal information set forth under California law: identifiers; payment and customer records information; characteristics of protected classifications under law (such as demographic information like age and gender); commercial information; professional or employment-related information; internet or other electronic network activity information; education information; sensitive personal information; and inferences. See Section 2 above for more details.
- We do not use or disclose sensitive personal information for purposes other than those specified under applicable California privacy regulations.
8.2. European Privacy Rights.
Legal Basis for Processing
We process personal information on the following bases:
- Consent – when you opt-in to receive cookies or otherwise provide consent for marketing and other data processing. You have the right to withdraw your consent, or to refrain from granting your consent. You are under no statutory or contractual requirement or obligation to provide personal information to us via our Sites.
- Contract – when you make a purchase or participate in our events or programming, we need to process your personal information in order to perform that contract.
- Legal Claims – it is possible that we may need to process your personal information in order to defend or establish a legal claim (for example, claims relating to the sale of our goods and services under contract law).
EEA and UK Privacy Rights of Data Subjects
Where provided under EEA and UK data protection law, you have the following rights regarding your personal information (each of which are subject to various exceptions and limitations):
- The right of access: You have the right to request access to your personal information (if we are processing it).
- The right to data portability: You have the right to obtain an easily portable copy of your personal information for your own purposes across different services and platforms.
- The right to rectification: You have the right to request to have your personal information corrected if it is inaccurate or incomplete.
- The right to erasure: You have the right to request the deletion or removal of your personal information where we have no compelling reason to keep using it. This is not a general right to erasure; there are exceptions.
- The right to restrict processing: You have the right to block or suppress further use of your personal information. When processing is restricted, we can still store your information (for example, we keep lists of people who have asked for further use of their information to be blocked to make sure the restriction is respected in future).
- The right to object: You have the right to object to certain types of processing, in particular processing based on our legitimate interests. You also can object at any time to your information being used for direct marketing purposes (including profiling related to such direct marketing).
- The right to refuse or withdraw consent: You have the right to refuse to provide, or to withdraw, your consent to processing of your personal information at any time with effect for future processing, when the processing is based on your consent.
If you wish to exercise any of these rights, or if you have any questions or concerns regarding our processing of your personal information, please contact us at DPO@a24films.com.
If you are not satisfied with our response to your request or complaint, or if you believe our processing of your personal information does not comply with EEA or UK data protection law, you can make a complaint to a supervisory data protection authority. If you are a UK resident, you can make a complaint to the UK Information Commissioner’s Office (ICO): https://ico.org.uk/concerns. Non-UK residents can find their local data protection authority here: https://edpb.europa.eu/about-e....
8.3. Other Jurisdiction Privacy Rights.
Depending on where you reside or access the Sites or Services from, you may have additional privacy rights available to you, similar to the United States and EEA/UK rights described in Sections 8.1 and 8.2. If available pursuant to applicable data protection law, you may contact us at DPO@a24films.com to make a request. We will respond in accordance with applicable data protection law.
9. Retention Period for Personal Information.
We delete personal information within a reasonable period after we no longer need to use it for the purpose for which it was collected (or for any subsequent purpose that is compatible with the original purpose). We may archive personal information for a certain period prior to its final deletion, as part of our ordinary business continuity procedures. To determine the appropriate retention period with respect to any particular type of personal information, we rely on the following criteria: the necessity of the information to provide our services to our customers; the types and sensitivity of personal information being processed; regulatory requirements that we are subject to, including laws and regulations related to tax, employment, accounting, and securities; and whether a legal claim might be brought against us, for which the information would be relevant.
10. No Children Under 13.
The Sites and Services are intended for a general audience and not directed to children under thirteen (13) years of age. A24 does not knowingly collect personal information from children under thirteen (13) years of age. If you are a parent or legal guardian and believe that we have inadvertently received personal information about a child under the age of 13, please email us at DPO@a24films.com.
11. International Transfers; Processing in the United States.
If you are accessing the Sites or Services from outside of the United States, please be aware that information collected through the Sites and Services will be transferred to, processed in, stored in, and used in the United States. Data protection laws in the United States may be different from those of your country of residence, and may not be as protective as those of your country of residence. When you provide personal information to us, you are consenting to the transfer of your personal information by both A24 and its Service Providers, including to the United States and other countries that do not have an adequacy decision from the European Commission (this means that the Commission has not determined that the laws of the United States and other countries provide legal protection equivalent to European Union data protection laws).
12. Data Security.
We take measures designed to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is never completely secure. We cannot guarantee the security of your information collected through our Sites or Services.
14. Contact Us.