NOTICE OF ARBITRATION PROVISIONS:
Fandango is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. This Policy outlines the type of information that we collect and receive from you while you are using our Site or other Service. Additionally this Policy identifies the ways in which we process, and sometimes share, such information and what control and choices you have with regard to the collection and use of your personal information. Please review this Policy carefully, especially before providing any personal information through our Site or other Service. Our Site and Service are operated in and controlled from the United States of America. If you have any questions about this Policy or don't see your concerns addressed here, please use the contact information provided at the end of this Policy to contact us.
The practices described in this Policy only apply to the following:
- Information collected online on this Site.
- Information collected when you use our Service, including when you download, register for or use our wireless applications via your cell phone or other mobile device or when such Service and applications interact with this Site.
- Like many other websites, we may now or in the future provide other websites or mobile services with, and allow users to "snag" or place, our RSS feeds, video players and other applications on websites or mobile services we do not control. This Policy applies to any information we collect when you use our RSS feeds, video players and other applications, but does not apply to information separately collected by the operators of those websites or mobile services or other third parties that may provide content or services to those websites or mobile services.
This Policy does not cover any of the following:
- Information you give to us offline, for example when you send a letter to our business address or leave a message on our voicemail system.
- Information collected by third parties, even if collected on or through our Site or other Service. For example, we may embed a content feed, video player or other application from a third party on our Site or other Service. These third party applications may appear to be part of our Site or other Service, but the content is provided by a third party server. By accessing this third party application, the third party owner may send its own cookies and collect its own data regarding your interaction with the application and may solicit your personal information as part of your use of such application. We are not responsible for the actions and privacy policies of these third party providers and you should review such privacy policies prior to providing any Personally Identifiable Information to them.
- This Policy will be posted on this Site for your review and from time to time as part of registering or providing information in connection with this Site or other Service, we may provide you with a short notice reminding you to refer to this Policy and other relevant information from us when using our Site or other Service.
- What Types of Information Fandango Collects
- How Fandango Collects Information
- How Fandango Uses Information
- Special Privacy Terms Related to Mobile Applications
- Anti-Spam Policy
- Disclosure of Personally Identifiable Information to Third Parties
- Communication Preferences
- Third Party Advertising and Links to Other Sites
- Guidelines Regarding Children (COPPA)
- Public Forums
- How We Protect and Secure Your Information
- Applicable Law
- Your California Privacy Rights (California residents)
- Contact Information
1. WHAT TYPES OF INFORMATION FANDANGO COLLECTS
Our goal is to collect and use only that information that we think is required for our legitimate business interests, in order to better understand your interests and to improve your experience of using our Site or other Service. In order to do so, we collect the following types of information:
Personally Identifiable Information
Personally identifiable information is any information that identifies a living individual, such as your first and last name, mailing address, phone number, mobile phone number email address, photograph, credit/debit card number and expiration date (or other payment-method information), login ID, member name and password and other information about a specific individual that identifies the individual ("Personally Identifiable Information"). When you sign up for or use the Site or other Service, Fandango collects some amount of Personally Identifiable Information from you. Fandango also collects Personally Identifiable Information that you may voluntarily provide when you use the Site or other Service, that you may disclose in a public area of the Site or other Service (such as a rating/review page, message board or chat room), or that you may include if you communicate with Fandango, such as by responding to polls or survey, registering for sweepstakes, contests and other promotional opportunities, or seeking help from our customer service department. We also may obtain Personally Identifiable Information from reputable third parties, such as credit agencies.
In some instances, when you use certain features of the Site or other Service, Fandango may collect the email addresses or other Personally Identifiable Information of others that you may provide. Unless stated otherwise at the point of collection, we will treat any such Personally Identifiable Information that you submit about other people in accordance with this Policy.
Non-Personally Identifiable Information
2. HOW FANDANGO COLLECTS INFORMATION
An IP address is a number that is assigned to your computer automatically when you use the Internet. Fandango logs your IP address and uses your IP address to track your usage of the Site or other Service.
Pixel Tags, also called clear GIFs, web beacons or similar means (collectively "Pixel Tags"), are invisible files on Web pages that you visit. When you visit a page on the Site that contains a Pixel Tag, the Pixel Tag communicates with your computer to collect Non-Personally Identifiable Information, and determine, among other things, whether you have been to that page before or viewed a particular advertisement. Fandango uses Pixel Tags to serve relevant advertising, enhance email advertising, and track usage of the Site or other Service.
Where authorized and as permitted by FTC guidelines and all other applicable laws, rules and regulations, Fandango may also use or allow the use of trusted vendors and other third party companies who may gather data for appropriate business purposes such as managing advertising and/or generating reports on Site traffic and statistics. We may also use other monitoring technologies to gather anonymous statistics about our Site visitors.
3. HOW FANDANGO USES INFORMATION
Personally Identifiable Information
We will use your Personally Identifiable Information for the purposes for which it was provided. For example, Fandango may use your Personally Identifiable Information to notify you of changes to the Site or other Service, to let you know about opportunities and other products or services you may be interested in, and to request your participation in surveys or other promotions. You can choose not to receive certain communications from Fandango as described in the section below entitled "Communication Preferences." Fandango also uses your Personally Identifiable Information to provide you with information that you request, and deliver content to you that is relevant to your interests. If you use Fandango to give a gift, Fandango may use the email addresses you provide to send your gifts, and other communications relating to such transaction, and any further communications as may be authorized by the recipient. We also may send information or offers to selected groups of Site or Service users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example, if you win a contest) we may post your Personally Identifiable Information on this Site. We will notify you of this possibility when you provide the Personally Identifiable Information and if possible, when the Personally Identifiable Information is posted.
Cookies and similar tools may be used to relate your use of the Site or other Service and Non-Personally Identifiable Information to Personally Identifiable Information obtained from you. If any Non-Personally Identifiable Information is linked with Personally Identifiable Information, the linked Non-Personally Identifiable Information will then be treated as Personally Identifiable Information.
Fandango also combines your usage information for the Site or other Service with that of other users ("Aggregate Information") to determine which features and areas of the Site or other Service are most popular. Aggregate Information does not contain any of your personally Identifiable Information. By collecting and analyzing this data, Fandango can improve the Site or other Service. Additionally, we may share this type of Non-Personally Identifiable Information with a variety of third parties, including our affiliates, agents, service providers and current and prospective business partners, for any purpose. We may also enter into arrangements with outside companies that possess technology that allows us to customize the advertising and marketing messages you receive on this site. To learn more about these companies, please click on the Ad Choices icon at the bottom of each page.
4. SPECIAL PRIVACY TERMS RELATED TO MOBILE APPLICATIONS
This section of the Policy governs your use of any Fandango software application ("Application") on a mobile device (such as a mobile phone or tablet), providing a Fandango Site or other Service.
Information the Application Obtains and Uses
USER PROVIDED INFORMATION – The Application obtains the information you provide when you download and register the Application. Registration with us may be optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.
When you register with us and use the Application, you may provide some or all of the following: (a) your name, email address, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; and (d) information you enter into our system when using the Application, such as contact or credit card information. We may also use the information you provided to us to contact you from time to time to provide you with important information, required notices and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION – In addition, the Application may collect certain information automatically, such as the type of mobile device you use, the unique device ID of your mobile device, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, and information about the way you use the Application. See "Automatic Data Collection and Advertising" section for further information.
Application Collection of Device Location Information
This Application does collect precise information about the location of your device. In order to allow the Application to collect real-time location information you must select "Find my location" when prompted by the Application and also enable the GPS services on your mobile device. We use your location information to provide requested location services such as advertising or offers from local businesses and their locations.
You may at any time opt-out from further allowing us to have access to your location data by managing your location preferences in the "My Account" section of the Application or disabling the GPS services on your mobile device.
Automatic Data Collection and Advertising
We may work with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application. Advertisers and advertising networks use some of the information collected by the Application, including the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties can't identify you personally. These third parties may also obtain anonymous information about other applications you've downloaded to your mobile device, the mobile websites you visit, your non-precise location information (i.e. your zip code) and other non-precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising-related use.
You can stop all collection of information by the Application by uninstalling the Application from your mobile device. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
You can also withdraw your consent to receive "push" notifications and/or to the collection of your physical location information at any time by disabling or changing the related functionality or setting as provided in your mobile device.
5. ANTI-SPAM POLICY
6. DISCLOSURE OF INFORMATION TO THIRD PARTIES
Disclosure to Affiliates
Fandango reserves the right to share any Personally Identifiable Information or other information about you which you provide to (or which is gathered from) the Fandango Site or other Service with any or all of its subsidiaries and affiliates (collectively, our "Affiliates") (subject to the opt-out right described below, with respect to disclosures of Personally Identifiable Information to Affiliates for their direct marketing uses). Subject to the applicable privacy policies under which such information was collected, Fandango may also have access to any information you provide to (or which is gathered from) the web sites of any of our Affiliates.
Disclosure to Service Providers or Business Partners
Like many businesses, we sometimes hire other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site or other Service, maintaining databases, administering contests, providing wireless services, providing fulfillment services, sending e-mails, and processing payments. When we employ a third party to perform these functions, that third party will only be provided with the particular Personally Identifiable Information it needs to perform its function, and is required to protect the Personally Identifiable Information. For third-party sponsored sweepstakes, contests or promotions, we may request Personally Identifiable Information from you that may be shared with the sponsor upon request.
If Fandango sells all or part of the Site and/or other Service or makes a sale or transfer of assets or is otherwise involved in a merger or business transfer, we may, in our sole discretion, transfer, sell or assign your Personally Identifiable Information to a third party as part of or in connection with that transaction. Upon such transfer, the privacy policies of the acquiring entity may govern the further collection and use of your Personally Identifiable Information.
Disclosure to Others
Fandango shares Aggregate Information with potential partners, advertisers, investors and other interested third parties in connection with the marketing of Fandango's products and services. However, Aggregate Information does not include any of your Personally Identifiable Information.
Social Media Plug-Ins and Sharing with Other Sites You May Authorize
Social media plug-ins of social networks, which may include but are not limited to Facebook, Twitter, Tumblr and Pinterest, may be integrated into our Site and other Services. Where our Site or other Service contains a plug-in to a social networking site, these are clearly marked (i.e. with a button). If you choose to click on one of these buttons or links, you browser will connect directly to the servers of the relevant social networking site. The social media network directly transmits the content of the plug-in to your browser. If you are a member of a social network service or you use other Internet sites where you have authorized them to gather information about your online behavior on the Fandango Site or other Service, including your use of a plug-in or other participation in any behavioral reporting program that they may operate on or off of their own site, Fandango may share information regarding your activities on our Site or other Service with those third parties pursuant to your authorization, and they may associate that information with Personally Identifiable Information they already have about you (such as your Facebook Profile) and use it to improve their site or services or for other purposes. Fandango does not control the privacy policies of such third parties, and their privacy policies will govern their use of your information once it has been transmitted by Fandango. Fandango assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third parties that you authorize to gather information from Fandango.
Information we share with advertisers (including Targeted Advertising)
Some online services, including the Fandango Application, may be supported with advertising, and collect data to help the online services serve ads. This helps keep the cost of online services low or free.
7. COMMUNICATION PREFERENCES
During registration and certain purchases, and via the "My Account" section of our Site, you can set your email preferences with respect to receiving certain communications from Fandango and our partners.
In addition, all of our newsletters and other general email marketing communications also include an "unsubscribe" opt-out link that you may use to ask that we discontinue such emails to you.
8. THIRD PARTY ADVERTISING AND LINKS TO OTHER SITES
Fandango does not control the privacy policies of its advertisers or other third parties that have Web sites linked to the Site or other Service or with whom we may share your information in accordance with this Policy. If you click on an advertisement or link, the privacy policies of the Web site that you link to will govern the use of your information by that Web site's operator. Fandango assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third-party Web sites you link to.
9. GUIDELINES REGARDING CHILDREN (COPPA)
Fandango is not designed or intended for use by children under 13. If you are under 18, you should use Fandango only with involvement of a parent or guardian. At various places on the Site or other Service, we may ask users for their age. Children under 13 are expressly prohibited from submitting any Personally Identifiable Information (as defined below) to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.
10. PUBLIC FORUMS
11. HOW WE PROTECT AND SECURE YOUR INFORMATION
We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personally Identifiable Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our control. While we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the security of any Personally Identifiable Information you transmit to us. Any transmission is done at your own risk. Accordingly, Fandango assumes no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond Fandango's reasonable control.
12. APPLICABLE LAW
13. YOUR CALIFORNIA PRIVACY RIGHTS (California residents)
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please email us at firstname.lastname@example.org or write to us:
Fandango Media, LLC
Attn: California Privacy Rights
12200 West Olympic Blvd, Suite 400
Los Angeles, CA 90064
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how Fandango responds to "Do Not Track" browser settings. Fandango does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.
When you use the Site or other Service, you are accepting the terms and conditions of this Policy, and Fandango will have the right to use your Personally Identifiable Information or other information about you as described in this Policy. If you do not agree to have your information used in any of the ways described in this Policy, you must not use the Site or other Service and you must follow the opt-out provisions above. If you have questions or concerns about this Policy, please contact Customer Support or write to Fandango at the contact address listed below.
From time to time, we may revise this Policy to reflect industry initiatives, changes in the law or technology, or changes in our practices regarding information collection and use. You can determine when this Policy was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to this Policy will become effective upon posting of the revised Policy on the Internet, accessible through the Site. By continuing to use the Site or other Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, please do not continue using the Site or other Service. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to this Policy would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid this Policy being deemed illusory or unenforceable.
17. CONTACT INFORMATION
Para información en Español en relación a preguntas sobre las Políticas de Privacidad y Compra, así como los Términos de Servicio Móvil, por favor contáctenos a: Fandango Customer Help