1.
Introduction:
Welcome to [www.grapeflix.com] (the "Site"). Grapeflix, Inc. ("Grapeflix,"
"we," "us," "our") is committed to protecting your privacy. Your trust and
confidence are our highest priority. Please read further about how we treat any
personally identifiable information collected from you.
Please note that by visiting or using the Site you are accepting the practices
described in this Privacy Policy (the "Policy") and expressly consent to
our collection, storage, use and disclosure of your personal information as
described in this Policy. If you do not agree to these terms, please do not use
this Site. This Policy is effective upon acceptance (as described above) for
new users and is otherwise effective on May 1, 2006. Your use of the Site and
any dispute related to use of information provided to us is subject to the
then-current versions of this Policy, the
Terms of Use, and your
Membership Agreement (if you have subscribed to the Grapeflix service).
2. Revisions to this Policy:
We may revise this Policy at any time, at our sole discretion, by posting an
amended Policy on the Site. Any changes that we make to this Policy will be
effective immediately upon posting. Please check this page periodically for
changes to the Policy; you will be able to determine if this Policy has been
changed since your previous visit by viewing the "Last Updated" information
that appears at the top of this Policy. If we intend to use any of your
personally identifiable information in a manner different than what we stated
in this Policy (as it may be amended from time to time) or otherwise at the
time of data collection, we will notify you via email and give you the
opportunity to opt-out.
3. Information We Collect from You:
We will not collect any information other than as explained in this Policy. The
information we learn from you allows us to offer the services offered on or
through the Site (such services and the Site shall collectively be referred to
as the "Service") to you and helps us personalize and continually improve your
experience using the Service. Here are the types of information we gather:
. Information You Give Us:
Personally identifiable information may be collected while registering to the
Site, submitting content to us, or otherwise using the Service. When you
register, you are asked to give us your contact information (such as your name,
email address, zip code, country, and phone number), as well as to choose a
password. Optional information we may request during registration (and that you
may also volunteer to submit later) includes your occupation, company name,
title or position, hobbies, and interests, information about your relationship
to the film industry, and other information as we may decide to request from
time to time. During registration or thereafter, when you choose to use a
service incurring a fee, we will ask you for your billing information (such as
your billing address and credit card number). In addition, to ensure proper
payment to you of any amounts in your account which are available for
withdrawal (pursuant to the Membership Agreement), You are responsible for
providing and maintaining accurate contact and payment information associated
with your account. For U.S. taxpayers, this information includes, without
limitation, a valid U.S. tax identification number and a fully-completed Form
W-9. For non-U.S. taxpayers, this information includes, without limitation, a
fully-completed Form W-8.
You can always choose not to provide personally identifiable information, even
though it might be needed to give you the advantages of some of our Service
features. Registration is optional. If you choose not to register, certain
sections of our Service may be inaccessible but you will be able to search and
browse the Site. You acknowledge that whenever you provide information to us
(whether required information or optional) you do so at your own free will.
You may update your contact and other personal information through the "My
Account" feature on the Site. Registration and login is required to access
these account settings.
. "Automatic Information" During your visit to the
Site and use of the Service (including, without limitation, searching the Site,
viewing or posting content, sending invitations, or taking surveys) our server
may automatically collect information such as your Internet Protocol (IP)
addresses, browser type, pages visited, access times, duration of visit,
referring URL, platform, timestamp and exit page information. No personally
identifiable information, such as email addresses, is automatically collected.
4. How We Use and Disclose Information:
We do not share, disclose, sell, or use your personally identifiable
information, without your consent, except as explained here:
. Providing Services
We use the information that you provide for such purposes as responding to your
requests, customizing future browsing for you, improving our Service, and
communicating with you. We may combine your information with information we
collect from other companies (such as demographic data) to improve and
personalize our services.
We may use the information collected to send you, from time to time, emails and
additional promotional materials, to inform you of new features, services, and
products available on this Site or offered by our affiliates (if you have
agreed to receive such offers from our affiliates), and to direct to you
(either individually or as part of a group of users) messages, invitations, and
surveys from other users of the Service. Unless you set your email settings in
the Preferences section of your My Account to receive such email messages in
your personal email address, all such email messages will be sent to your
personal Grapeflix mailbox (which will be made available to you as part of your
account). You will be able to adjust your email settings and preferences on
your "My Account" page at any time. Notwithstanding the foregoing, Grapeflix
reserves the right to send messages and notices to your personal email address
(which you provided during registration) for administrative purposes.
Grapeflix has entered and will enter into agreements with selected content providers to service their digital delivery needs beyond the standard services presented in the Membership Agreement (referred to as Selected Content Providers hereafter). Typically Grapeflix provides customized features such as pages and media players to Selected Content Providers who integrate those to their exiting website to provide a near-seamless digital delivery experience to their visitors/customers. For those accounts, Grapeflix is primarily used as a delivery service contractor and a payment processor. Grapeflix may be requested to share customers' contact information such as mailing and email addresses with the Selected Content Providers owning the material streamed, rented, or purchased by those customers. Under this agreement, you authorize Grapeflix to share your contact information with and to receive information from the Selected Content Providers which material you stream, rent or purchase from Grapeflix.
When you submit a review or other content to the Service, your Grapeflix Name or your full name may
be presented to other users of the Service who view such review or content.
However, when you complete a survey obtained from another registered user or
when we otherwise disclose information about you to other users, you will only
be identified by the initials of your first and last name.
. Agents
We sometimes employ other companies or individuals to perform functions on our
behalf. Examples include fulfilling sending e-mail, shipping products,
analyzing data, and providing marketing assistance. They have access to only
the information about you needed to perform their functions for us and for you,
but may not use it for any other purposes.
. Use of "Automatic Information"
We use IP addresses and other automatic data collected only to track aggregate
information regarding Site traffic and for other management purposes. We do not
collect any personal information via a user's IP address. One of the uses for
which this data is gathered is for statistical purposes so that we may analyze
trends and performance over time. Grapeflix uses third-party service providers
to help us gather and analyze this information. These service providers are
contractually restricted from using your information in any manner other than
to help us to provide you better results when you use our Service.
. Business Transfers
In the event that Grapeflix is acquired or its services or business units are
sold, user information may be included in the transaction.
. Protection of Grapeflix and Others
We will release your account and other personal information when we believe
release is appropriate to: (i) comply with the law, legal processes, or
governmental requests; (ii) enforce or apply your agreements with Grapeflix; or
(iii) protect the rights, property, or safety of Grapeflix, the Site, users of
the Site, or others. This includes exchanging information with other companies
and organizations for fraud protection.
. Other Disclosures
Other than as set out above, you will always receive notice when information
about you might go to third parties, and you will have an opportunity to choose
not to share the information.
5. Changing or Deleting Your Personal Information
You may view, update, or remove from our database, your contact and other
personal information you have given us by contacting us by regular or
electronic mail at the addresses provided at the end of this Policy.
6. Cookies and Tracking Pixels:
Cookies are small pieces of data (alphanumeric identifiers) that a Web site
transfers to an individual's computer's hard drive through the individual's Web
browser for record-keeping purposes. Like most other major Web sites, we use
cookies to enable our systems to recognize you, as a returning user, in order
to provide you with personalized features and services and an easier and
enhanced Web-surfing experience. No personally identifiable information is
stored on these cookies.
Tracking pixels (also known as web beacons, action tags, or transparent GIF
files) collect and store information about your visits to Web sites, such as
page visits, the duration of the visit and the specific advertisements or
link(s) that you clicked on your visit. The tracking pixels are provided to us
by our third party ad service providers. The information collected by such
tracking pixels is used in aggregate only for reporting purposes and is not
used in connection with your personally identifiable information.
. How to Enable/Disable Cookies and Tracking
Pixels
Most browsers are initially set up to accept cookies. The "help" portion of the
toolbar on most browsers will tell you how to prevent your browser from
accepting new cookies, how to have the browser notify you when you receive a
new cookie, or how to disable cookies altogether. Similarly, you may refer to
the "help" portion on the toolbar for detailed instructions on enabling and
disabling tracking pixels.
We recommend you enable acceptance of cookies when using our Site so we can
provide a personalized experience for you as you use the Service. However, you
are always free to decline our cookies if your browser permits, although doing
so may interfere with your use of the Site (for example, you may be limited in
certain non-secure areas of our Site).
7. Third-Party Advertisers:
Our Service may include third-party advertising, and some of our advertisers
may use third-party companies to serve their advertisements. Often, these
third-party advertising companies employ cookies and other technologies to
measure the effectiveness of their ads and to show you ads that are more
relevant and interesting to you. We do not provide any of your information to
them, and we do not have access to or control cookies that may be placed by
them. Information is available about the third party advertisers, including
information about how to opt-out of their information collection, on the
National Advertising Initiative's Web site (http://www.networkadvertising.org).
8. Links:
Our Site may also include hyperlinks to other sites whose privacy practices may
be different than ours. Once you click over to a third-party site, we encourage
you to check the other site's privacy notices as we have no control over the
content of such privacy notices, and over information that is submitted to, or
collected by, these third party sites. Grapeflix makes no representation with
regard to the policies or business practices of any sites to which you click
over through a link from this Site, and is not responsible for any material
contained on, or any transactions that occur between you and, any such site.
9. Security of Your Information:
We seek to adopt commercially reasonable security measures consistent with
industry practice to assist in protecting against the loss, misuse, and
alteration of personally identifiable information which is under our control.
When you use our Service, we work to protect the security of your information
during transmission, including, when we determine it is essential (in our own
discretion), by using encrypted channels and secure servers. However, as you
probably know, no security system, or system of transmitting data over the
Internet, can be guaranteed to be 100% secure. Therefore, although we work very
hard to protect your privacy, we do not promise, and you should not expect,
that any information provided to us or to any third party through or in
connection with the Site will always remain private. It is important for you to
protect against unauthorized access to your password and to your computer. Be
sure to sign-off when using a shared computer. You provide all information
entirely at your own risk.
10. International Users - Applicable Law:
Grapeflix collects, processes, stores, discloses and disposes of personal
information that you submit to the Service in accordance with applicable United
States law. Please note that the personal information you submit to the Service
will be transferred to the United States to be processed by Grapeflix in order
to provide the Service to you or for such other purposes as set forth in this
Policy. If you are not a resident of the United States, you acknowledge and
agree that we may collect and use your personal information, as discussed in
this privacy policy, outside your resident jurisdiction. In addition, we may
store such personal information in the United States, outside your resident
jurisdiction. In particular, you are advised that the means and level of
privacy protection in the United States vary by contexts and industries and
therefore relies on a mix of legislation, governmental regulation and
self-regulation. Please be aware that United States law may offer different
levels of protection for personal information than may be available in your
country.
11. Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled
to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 400 R
Street, Suite 1080, Sacramento, California 95814, or by telephone at (916)
445-1254 or (800) 952-5210.
12. Contact Us:
If you have questions or concerns regarding the Terms of Use, please contact us
by email at legal@grapeflix.com
or by mail at:
Grapeflix, Inc.
1098 Foster City Blvd.
Suite 106
Mail Code 400
Foster City, CA 94404
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