Effective Date: July 17, 2012
Contacting Us. When you provide us with information in connection with a particular activity or otherwise sign up for our services or provide your contact information, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you future information about FilmLush using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
Registration Information. We will collect personal information from you when you register for any FilmLush membership, interact with our FilmLush Applications update your profile, interact with other users, and use various features of our FilmLush Applications. By signing up, you give us permission to store and display user information you have provided in order to provide the best possible experience on the FilmLush Applications.
Billing Information. We collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction. Examples of this include fulfilling orders and processing credit/debit cards.
Surveys and Promotions. From time-to-time we may request information from you and other users via surveys. Participation in these surveys is completely voluntary so you and other users have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Survey information will be used for the purpose(s) of the survey, including the monitoring or improvement of the use and satisfaction of FilmLush Applications.
In addition to any personal information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the FilmLush Applications ("Usage Information"). This may include the browser that you are using, the URL that referred you to the FilmLush Applications, all of the areas within the FilmLush Applications that you visit, and the time of day, among other information. We may use the this Usage Information for a variety of purposes, including to enhance or otherwise improve the FilmLush Applications. In addition, we collect your IP address or other unique identifier ("Device Identifier") for your computer or other device used to access the FilmLush Applications (any, a "Device"). A Device Identifier is a number that is automatically assigned to the device used to access the FilmLush Applications, and our computers identify your device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your personal information, we will treat it as personal information.
A few of the tracking technologies that may be used to collect Usage Information include, without limitation, the following:
Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our web pages and 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 our Sites, to monitor how users navigate the Sites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the FilmLush Applications, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Sites, and is deactivated or deleted thereafter.
HTML5. We use HTML5 in the FilmLush Applications and mobile website for the iphone or ipad (and any other Apple iOS device). HTML5 has browser web storage that does not rely on traditional browser cookies. Like Flash cookies, HTML5 cookies are not stored in a browser "cookies" file and, like Flash cookies, can be used to track users across websites. To our knowledge there is currently no known way for a user of a mobile device to remove HTML5 tracking and storage.
Web Logs. Like most standard website servers, we log IP addresses (a unique number assigned to every computer on the Internet) and device identification in order to improve security, analyze trends and administer the FilmLush Applications. We may track your movement within the FilmLush Applications, the pages from which you were referred, access times and browser types. This information may include the browser you are using, the Internet address from which you linked to our FilmLush Applications, the operating system of your computer, the unique IP address of the computer or device identification from the mobile device that you used to access our FilmLush Applications and usage and browsing habits. We use this information in the aggregate to gauge the effectiveness, usage, and popularity of our FilmLush Applications, track information for statistical purposes, help diagnose and troubleshoot server malfunctions, analyze trends, track user movement in the aggregate, and gather broad demographic information. We may also use individual information we collect through web logs to send you targeted offers and other communications.
If you send someone else a communication from the FilmLush Applications, such as sending an invitation to a friend, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. If that person becomes a subscriber to our publications, his/her information will be treated in the same manner as all other subscribers. Please be aware that when you use any send-to-a-friend functionality on the FilmLush Applications, your e-mail address may be included in the communication sent to your friend.
We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically, such as information to validate or update your address or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes.
Use of Information by Us. We may use Information that we collect about you:
Transactional Communications. We may send you notices from time to time relating to your account or your subscriptions. These may include order confirmations, renewal notices, invoices or customer service notifications. We may also send you service-related announcements when it is necessary to do so; for instance, if our Service is temporarily suspended for maintenance, or the delivery of a product is delayed or there is some service issue with something you may have ordered. You may not opt-out of receiving these communications, which are not promotional in nature.
Service Providers. We may use third party service providers to help us operate our business and the FilmLush Applications or administer activities on our behalf. We may share your information with these third parties for those limited purposes.
Promotional Offers. We may send you promotional emails regarding special offers about our publications or on behalf of third party marketing partners who we think can offer services and products of interest to you and/or share your name and email address and certain other information, such as when you first subscribed, with reputable companies that provide marketing offers electronically or through postal mail. If you do not want to receive emails regarding special promotions or offers, or have your information shared with third parties you may
Please note that even if you opt out of receiving promotional emails or direct mail offers, we may continue to send you service notifications that are related to your account(s) and other products and services you have requested or in which you are currently enrolled.
You may remove your information from our database so as not to receive future communications or to close your account or opt out of our sharing information with third parties for marketing purposes by emailing us at privacy@FilmLush.com or sending snail mail (certified mail, return receipt requested is recommended) to the following address:
Ground Floor Suite
Webb Ellis Business Park
If you prefer not to receive electronic promotional communications, you can opt-out by following the unsubscribe instructions included in each communication.
Please note that changes may not be effective immediately. In each event, you must clearly indicate the information that you wish to have changed or clearly indicate that you wish to have your personally identifiable information removed from our database. We will endeavor to comply with your request as soon as reasonably possible. Note that despite any request for removal of or change to personally identifiable information, we may need to retain certain information for recordkeeping purposes and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. Finally, we are not responsible for informing third parties (including without limitation our third party service providers or strategic partners) with whom we have already shared your personally identifiable information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of such entities.
Your California Privacy Rights (As provided by California Civil Code Section 1798.83)
California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. If you do not want us to send you emails regarding special promotions or offers or share your Personal Information with other companies so that they can send you emails about their products and services, simply follow the unsubscribe instructions that are located at the bottom of those emails or you can Update your email preference Settings by visiting https://members.FilmLush.com, clicking the "My Account", then click the "Preferences" tab and uncheck the sharing of information to third parties, or (ii) Click the unsubscribe link in the body of the email. If you do not want us to send you any offers from third parties through direct mail or share your Personal Information with other companies so that they can send you direct mail offers about their products and services, please write to us at the street address set forth at the end of this document email us a privacy@FilmLush.com. California customers may request further information about our approach to this law by writing to us at the addresses provided.
Security. We implement safeguards to help protect against the loss, misuse and alteration of information under our control. However, despite our efforts, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and your use of the Site indicates that you are willing to assume this risk.
Children's Privacy. The FilmLush Applications are not directed or intended for children under 13 years of age. We do not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the FilmLush Applications. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our systems.
Ground Floor Suite
Webb Ellis Business Park
Attention: Privacy Administrator
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