January 3, 2023
Final Chance Films - Privacy Policy
FinalChance Films, Inc. (“FCF”) respects and values the privacy of our users. ThisPrivacy Policy describes the information that FCF and our affiliated companies ofGlobal Universal Film Group, Inc. (“Global”) and its subsidiaries (“FCF”“Global” “we” or “us”) collect about consumers (“you” and “yourhousehold”) and how we use and disclose that information.
Scope of this PrivacyPolicy
ThisPrivacy Policy applies to information collected by FCF through “FCFServices”, which includes: FCF website, FCF’s products and certainother products utilizing FCF’s streaming platform or operating systems, FCF’smobile apps and The FCF Channel (“FCF’s Channel”), FCF’s advertisingservices, FCF emails and newsletters, and FCF’s accounts on third-party socialnetworking sites.
Part I. InformationCollection
Informationis collected from or about you from various sources, as described below.
A. Information You Provide
1. RegistrationInformation
Whenyou sign up for a FCF account, we ask for information such as your name, emailaddress, postal address, telephone number and other demographic information. Ifyou sign up using a social media account, we may also receive information fromthose social networking services, for example, your name or username. We also maycollect similar contact information if you register to use or receive otherproducts or services offered through FCF, or copies of FCF blog posts.
2. Purchase, Paymentand Shipping Information
Whenyou add a credit card or payment method to your account or place an order withus, we will also collect your payment information and billing address, and (ifyou make a purchase), other information that may be needed to complete yourpurchase.
3. Other ContactInformation
Ifyou use product features with text messaging or email, FCF will also collectthe phone number, email address, and any other contact information you provideto communicate with you in accordance with your account preferences and deviceor service settings. You may modify your FCF communication preferences andsettings at any time by updating this information in your FCF account, in therelevant FCF mobile app, or certain device settings.
4. Communications
Ifyou contact us directly, we will receive additional information you provide,such as your name, email address and phone number, and the contents of anymessage or attachments that you send to us. You may also provide us withinformation if you subscribe to marketing communications from us or to obtaincontent such as product information, whitepapers and reports. If you messageother users on the FCF Services like FCF Community, we will receive thecontents of those messages.
5. Information YouProvide About Others
Wealso collect the personal information of other people. For example, if youinvite or refer our products or services to families and friends by providingtheir names or email addresses, or if you provide the postal addresses andother contact information of recipients for gift purchases.
6. Uploaded Files
FCFcollects any files, including photos, meta-data, videos or audio files, thatyou choose to upload to the FCF Services.
7. Comments, Reviewsand Feedback
Youcan provide comments, reviews and feedback on FCF Sites (e.g., FCF’s developerforums, blogs, message boards, community pages), and accounts on third-partysocial networking sites. Information posted in these venues may be available tothe public. Please be mindful of your own privacy needs and those ofothers as you choose what to disclose and make public. We cannot control theprivacy or security of information you choose to make public.
B. Information Collected Automatically Through the FCFServices
1. DeviceInformation
We mayreceive information about the browsers and devices you use to access theInternet, including our services, such as device types and models, uniqueidentifiers including advertising identifiers (e.g., for FCF Devices, theAdvertising Identifier associated with that device), MAC address, IP address,operating system type and version, browser type and language, Wi-Fi networkname and connection data, and information about other devices connected to thesame network. We may also gather the WiFi MAC addresses and broadcast signalstrengths of your router and other Wi-Fi routers in your area. We may inferyour general location information and internet service provider from the deviceinformation we collect (for example, IP address and MAC address may be used toinfer your geographic area).
2.Information from Cookies and Similar Technologies
We and ourbusiness partners, such as analytics and advertising partners, collectinformation about your online activities over time and across different onlineservices. For example, we use cookies, pixel tags, web beacons, SDK, deviceidentifiers or similar technologies to recognize you when you use FCF Services,and to collect information such as the number of visits, which features, pages,or content are popular, and to measure your browsing activities. Thesetechnologies allow us to optimize the operation of our services, including byallowing us to ensure our services are functioning properly, improve andpersonalize the services, and to provide, personalize, and measureadvertisements.
3. Activity,Location, and Usage Information on FCF Services
We receiveinformation about your interactions with the FCF Services, such as yourbrowsing history, search history, search results, audio information when youuse voice-enabled features, interactions with content and ads, and settings andpreferences. When you access streaming services on a FCF device or FCF’sChannels on other devices, we may collect information about your activities,like the channels you install or access (including usage statistics such aswhat channels you access, the time you access them, and how long you spendviewing them), and information about the videos and other content you selectand stream within these streaming services.
Through FCF’sadvertising services, we receive information about when, where and how an adwas displayed, the content you were viewing when the ad was served, and yourclicks and any other information you provide when you interact with the ad(such as your phone number in order to receive a coupon code, your zip code tofind an advertiser’s closest locations or information related to the purchasesyou make through our shoppable ads). For example, when FCF provides advertisingservices in Third-Party Channels, FCF receives information related to the ad,such as the name of the Third-Party Channel and the genre, language, and ratingof the content you are watching when FCF serves the ad.
4.Information We Receive from Third Parties
We collectinformation about you from other sources for the purposes described in Part IIof this Privacy Policy, including to provide you a tailored user experience andadvertising that may be of interest to you. For example, we may collectinformation from the following sources:
5.Information Collected by Streaming Service Providers
If youinstall, access or use a streaming service through us (such as a Third-PartyChannel or third-party streaming service within The FCF Channel), or ifyou conduct a voice search in one of these services, you may also beinteracting with that provider directly, and the provider and its advertisingpartners may collect information about your devices (including uniqueidentifiers, IP addresses, and device settings like language and time zone) andyour usage of their service (e.g., videos, ads and other content you search,select and stream within their service, and audio information when you use someof the voice-enabled features). These streaming services may collect some of theinformation described in this section when their app is installed but notactively streaming.
6.Information Collected by Third-Party Platforms and Devices You Use to Accessthe FCF Services
If youaccess our services on platforms and devices operated by other companies,including third-party smart TVs, streaming devices or mobile phones, thesecompanies may also collect information about you. You should review the privacypolicy for these companies to understand how your data is used by them andtheir partners.
Part II.Information Usage
We maycombine the information we collect about you and use it to derive otherinformation and inferences about you. We use the information we collect andderive for the following purposes:
Part III.Our Disclosure of Information
A. ServiceProviders and Vendors
We work withother businesses (including contractors and service providers) to provide servicesfor us and to help with our operations, which may require that they access anduse your information. For instance, we may use other companies to communicatewith you (including via telephone, email, or letter) about our products orservices, to send information to you, to process and collect payment via yourcredit card (if applicable), to provide customer support and other services, toobtain additional data about you, and to perform analytics and other work thatwe may need to outsource -- such as using Google Analytics to collect andprocess certain analytics data for FCF Services. These analytics services mayalso collect information regarding your use of other companies’ websites, apps,online services, and devices. You can learn about Google’s practices by goingto https://www.google.com/policies/privacy/partners, and optout of them by downloading the Google Analytics opt-out browser add-on,available at https://tools.google.com/dlpage/gaoptout.
B. Channeland Content Providers
We maydisclose personal information (including FCF account registration informationwhen you sign up with the channel, and information about your interactions withother content and the FCF Services) and other content providers on the FCFServices. This information is disclosed for different purposes, including for reportingand analytics (for example, to understand content popularity, viewership anduse of the partners’ services), helping you subscribe to channels or accesspaid content, providing services to you, tailoring your user experience,customizing your content searches and discovery, and personalizing ads toyou.
C.Advertisers, Ad networks and other Advertising Partners
We work withad networks and other advertising partners to show you ads that we think mayinterest you for FCF’s products and services on FCF Services and on othercompanies’ websites, apps, and devices. We also work with them to show you adsfrom advertisers on FCF Services and on other companies’ websites, apps, anddevices. We disclose information to these ad networks, advertising partners andour advertisers, and they may set and access their own cookies, pixel tags andsimilar technologies on the FCF Services and they may otherwise collect or haveaccess to information about you which they collect over time and acrossdifferent online services and devices.
D. Advertising Measurement Providers and Services
We work withadvertising measurement providers and their service providers to help us andour advertisers understand information about the content and ads viewed, andthe effectiveness of ad campaigns, including the audience that saw their adsand how they responded. These measurement providers collect or receiveinformation about your viewing of or interaction with content and ads,including ads that you view within FCF’s Channel and Third-Party Channels. Wemay also disclose your demographics data and audience segments (e.g., sportsfans, sitcom enthusiasts, cord cutters, etc.) with advertising measurementproviders and their service providers. Measurement providers use yourinformation to create statistics about what content and ads are being watched –for example, to help them and their clients understand the audience viewing thecontent or ads, and to measure the effectiveness of the ads. FCF, throughits advertising services, provides measurement and analytics solutions to othercompanies. In providing these services, we analyze and reorganize ad campaigndata from these companies and provide analytics reports to help them betterunderstand the audience that viewed the company’s ads and whether those viewersbelong to the same household.
E. Participating Merchants
If you buygoods or services on the FCF Services, we may need to disclose informationabout you and information you provide to the merchant to process thetransaction, fulfill and ship your order, and for other purposes.
F. Corporate Affiliates
We maydisclose your information to our current or future affiliates (which means aparent company, and any subsidiaries, joint ventures, or other companies undercommon control), in which case we will require our affiliates to honor thisPrivacy Policy.
G. Consent
We may alsodisclose personal information, including personally identifying information,with your consent, for example, when you agree to our provision of yourpersonally identifying information to other third parties for their own marketingpurposes, subject to their separate privacy policies.
H. Merger, Sale, or Other Asset Transfers
We may alsodisclose your information to others in connection with or during negotiation ofany merger, financing, acquisition, bankruptcy, dissolution, transaction orproceeding involving sale, transfer, divestiture or disclosure of all or aportion of our business or assets to another company.
I. AsRequired by Law and Similar Disclosures
We may alsodisclose your information (1) to comply with laws or to respond to lawfulrequests and legal process, (2) to protect the rights and property of FCF, ouremployees, agents, customers, and others, including to enforce our agreements,policies, and terms of use, (3) in an emergency to protect the personal safetyof FCF, its employees or customers, or any person, or (4) to investigate,prevent, or take action regarding illegal or suspected illegalactivities.
J. Aggregated or De-Identified Information
We may alsodisclose aggregated or de-identified information (i.e., information that doesnot personally identify you directly), or statistical information about you,including demographics data and audience segments (e.g., sports fans, sitcomenthusiasts, cord cutters, etc.), to others for a variety of purposes, includingfor their own uses, for example, for improving their products and services forus and others, and to make ads more relevant to your interests.
K. Other Users of the FCF Services
We maydisclose your information to other users of the FCF Services at your request,or when you use certain features of our products and services. For instance, ifyou post comments or publish a review of a FCF product on the FCF Sites, otherusers of the FCF Sites will be able to read your review. If you upload content,including comments, videos or audio files, to the FCF Services, or if you grantaccess to your FCF Devices, these content and devices will be viewable by otherusers. If you direct message another user through the FCF Services, thenwe will disclose your message and your user ID to that user.
Part IV.Information Access and Choices
A. GeneralRequests
If you havea FCF account, you may view and update certain contact and billing informationwe have about you by logging into your account on FinalChanceFilms.com.
B. EmailMarketing Choices
Ourmarketing emails tell you how to opt out of receiving further marketing emails.If you opt out, we may still send you non-marketing emails, such as emailsabout your accounts and our business dealings with you, and, as allowed byapplicable law, requests for your participation in surveys. You may alsocontact us at any time to let us know that you no longer wish to receivefurther marketing emails from us.
PartV: Data Storage, Transfers and Security
A.Security: We use industry-standard methods of securing electronicdatabases of personal information. However, you should know that no company,including FCF, can fully eliminate security risks associated with personalinformation. To help protect yourself, please use a strong password, do not usethe same password to access your FCF account that you use with other accountsor services, and protect your usernames and passwords to help prevent othersfrom accessing your accounts and services.
B.Retention: Personal information we collect may be retained for as longas needed to fulfill legitimate business purposes, including the purposesoutlined in “Information Usage” under Part II, or for a time periodspecifically required or allowed by applicable regulations or laws.
PartVI. Additional Notice for California and Virginia Residents
ThisAdditional Notice for California and Virginia Residents supplements theinformation contained in the Privacy Policy and applies to: Californiaresidents from whom we collect Personal Information as a business under the CaliforniaConsumer Privacy Act of 2018 as amended by the California Privacy Rights Act of2020 (California Civil Code §§ 1798.100 to 1798.199) and its implementingregulations, as amended or superseded from time to time (“CCPA”); informationsubject to California’s Shine the Light law (Cal. Civ. Code § 1798.83) (“Shinethe Light”); and Virginia residents from whom we collect Personal Data as acontroller under the Virginia Consumer Data Protection Act as amended orsuperseded from time to time (“VCDPA”).
A. CaliforniaConsumer Privacy Act (“CCPA”)
For thepurpose of this section, “Personal Information” meansinformation that identifies, or could reasonably be associated with, you, yourdevice or household, or as otherwise defined by the CCPA. Personal Informationdoes not include information that is:
1. Sourcesof Personal Information We May Collect
We may collectPersonal Information from you when you provide it to us or automaticallythrough the FCF Services. We may also obtain information about you from othersources, such as third-party platforms, devices and services used to access theFCF Services, Third Party Channels, content providers, data providers, adnetworks and advertising partners, advertisers, service providers (includingpayment service providers), participating merchants and their partners, andother users if they have referred you to the FCF Services or provided yourinformation to us.
2.Categories of Personal Information We Collect and Disclose to ThirdParties
Categories of Personal Information Collected
Categories of Third Parties to Whom the Personal Information was Disclosed for a Business Purpose
Categories of Third Parties to Whom the Personal Information was Sold or Shared, and the Purpose
A. Identifiers, including, device identifiers, internet protocol addresses, browser cookies, and other unique online identifiers
B. Account registration Information, i.e., name, address, email address, telephone number, and payment method and card number
C. Characteristics of protected classifications under California or Federal law
D. Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
E. Internet or other electronic network activity information, including internet or other electronic network activity information, including browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, service or advertisement
F. General geolocation data, such as general location and geographical information, including designated market area, country, province, state, city, and postal code
G. Audio and visual Information, including photos, videos, and audio recordings
H. Inferences drawn from personal information, including your preferences, interests, and other information used to personalize your experience
I. Personal Information that reveals racial or ethnic origin, religious or philosophical beliefs, union membership, and health and wellness information
J. Personal Information that reveals (a) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, (b) social security, driver’s license, state identification card, or passport number, and (c) content of consumer emails, texts and messages where we are not the intended recipient
FCF may collectand disclose each of the categories of Personal Information as described in thechart above. FCF does not have actual knowledge that it sellsPersonal Information or shares for cross-context behavioral advertising thePersonal Information of consumers under 16 years of age.
3. Purposesof Processing Personal Information
We collect,use, or disclose your Personal Information for the purposes, including thebusiness and commercial purposes, below:
4. Retention
Personalinformation we collect may be retained for as long as needed to fulfilllegitimate business purposes, including the purposes outlined in Section 3,Purposes of Processing Personal Information, in this CCPA subsection, or for atime period specifically required or allowed by applicable regulations orlaws.
5. YourCalifornia Privacy Rights
If you are aCalifornia resident, you may exercise the following rights:
ForCalifornia residents, you can submit a request to know, correct, and deleteyour Personal Information through our FCF Site. Such requests are subject toour ability to reasonably verify your identity. If you have a FCF account, wewill verify your identity by asking you to log into your account. If you don’thave a FCF account, we will attempt to verify your identity by asking you toprovide (through an FCF online form) data elements that we may havecollected about you, such as your name, email address, device type, device ID,and cookie ID. You can exercise your right to opt out of the “sale” of yourPersonal Information or the “sharing” of your Personal Information forcross-context behavioral advertising, and limit our use of your sensitivepersonal information, where permitted by law.
You mayauthorize another person (your “authorized agent”) to submit a request on yourbehalf through the methods described above. Your authorized agent should submitproof that you gave the agent signed permission to submit the request. We maystill require you to directly verify your identity and directly confirm thatyou have provided the authorized agent permission to submit the request.
B.California’s Shine-the-Light Law.
California’sShine the Light law permits California residents to request and receive, onceper calendar year and free of charge, general information about our sharing ofyour personal information (if any) with third parties for their own directmarketing use. If you are a California resident and would like to make such arequest, please email us at: info@finalchancefilms.com. In yourrequest, please include your name, FCF account ID, attest to the fact that youare a California resident and provide your current California address. We mayask you for additional information to confirm your identity before respondingto this request.
C. VirginiaConsumer Data Protection Act (“VCDPA”)
For thepurpose of this section, “Personal Data” means any information that is linkedor reasonably linkable to an identified or identifiable natural person.Personal Data does not include de-identified data, publicly availableinformation (as these terms are defined under the VCDPA) or any other PersonalData otherwise excluded from the scope of the VCDPA.
If you are aVirginia resident, you may exercise the following rights with respect to yourPersonal Data:
Please notethat there are exceptions and limitations to each of the rights listedabove. If you are a Virginia resident, to exercise yourright to opt out of the processing of your Personal Data for purposes oftargeted advertising or the sale of Personal Data, wherepermitted by law, please email us at: info@finalchancefilms.com. Toexercise any other privacy rights described above, please submit your request byemail to: info@finalchancefilms.com.
Part VII.Modifications
We may amendthis Privacy Policy at any time by posting the amended version on theapplicable FCF Site or by providing such notice about or obtaining consent tochanges as may be required by applicable law.