This Privacy Policy describes the privacy practices of CinemaPlus, LLC (“CinemaPlus,” “we,” “our,” or “us”) with respect to how we collect, use, disclose, and share Personal Data when you complete a transaction through our services, including the CinemaPlus.com website and the CinemaPlus hosted service and applications used by exhibitors and website operators (collectively, the “Services”), or when you otherwise interact with our Services, email us, or use any other communication that links to or references this Privacy Policy.
This Privacy Policy governs privacy, cookies, tracking technologies, Personal Data, and related data-processing matters. Your use of the Services is governed by the CinemaPlus Terms of Service for End Users which are available through our application or at https://www.cmxcinemas.com/terms-of-service (as updated from time to time, the “Terms of Service for End Users”). In addition: (a) to the extent a theater owner, operator of theater chains, cinema exhibitor, ticket syndicator, ticket aggregator, website publisher, or other third party with whom we have a contractual relationship (each, an “Operator”) validly adopts this Privacy Policy by prominently posting and hyperlinking to this Privacy Policy on the applicable Operator Site, app, checkout flow, or other consumer-facing interface through which the Services are made available, together with any operator-specific supplemental disclosures required by applicable law, then such Operator’s collection, use, and processing of Personal Data in connection with the Services shall be governed by this Privacy Policy; provided, however, that where such Operator maintains its own privacy policy that conflicts with this Privacy Policy, this Privacy Policy shall control solely with respect to Personal Data collected or processed through or in connection with the Services provided by CinemaPlus; and (b) to the extent an Operator maintains its own privacy and/or cookie policies (collectively, the “Operator Privacy Policy”), such Operator Privacy Policy will govern such Operator’s collection, use, and processing of Personal Data outside the Services.
This Privacy Policy does not apply to Personal Data that an Operator may collect from you outside the Services. Each Operator is solely responsible for its own data collection and processing activities conducted outside the Services. To understand how an Operator manages your Personal Data in those instances, please refer to the relevant Operator’s privacy policy or contact the Operator directly. We are not responsible for the privacy practices of any Operator outside the Services.
When we process Personal Data in the role of a processor or service provider on behalf of an Operator (such as when we create or manage websites or newsletters on behalf of an Operator), the following applies:
- If the Operator has validly adopted this Privacy Policy by prominently posting and hyperlinking to this Privacy Policy on the applicable Operator Site, app, checkout flow, or other consumer-facing interface through which the Services are made available, together with any operator-specific supplemental disclosures required by applicable law, then this Privacy Policy governs the collection, use, and processing of Personal Data through or in connection with the Services, and CinemaPlus processes such Personal Data as a processor or service provider on behalf of the Operator in accordance with this Privacy Policy and the applicable agreement between CinemaPlus and the Operator.
- If the Operator has not validly adopted this Privacy Policy as described above, then the Operator’s own privacy policy governs the Operator’s collection, use, and processing of Personal Data, and CinemaPlus processes such Personal Data as a processor or service provider on behalf of the Operator in accordance with the applicable agreement between CinemaPlus and the Operator.
A reference to CinemaPlus is a reference to CinemaPlus, LLC, and its relevant affiliates involved in the collection, use, sharing, or other processing of Personal Data.
Before using or submitting information to the Services, please review this Privacy Policy carefully. Your use of the Services is also governed by the Terms of Service for End Users. This Privacy Policy governs privacy, cookies, tracking technologies, Personal Data, and related data-processing matters, while the Terms of Service for End Users govern all other aspects of your use of the Services.
1. Personal Data We Collect
Personal Data You Provide to Us
You may provide us with Personal Data by buying movie tickets via the Services, signing up for an online account, entering information through our online forms or surveys, inputting information while using the Services, or contacting us for information or customer service.
The categories of information include:
- Identifiers, such as real name, alias, postal address, online identifier, device identifier, Internet Protocol address, email address, account name, or other similar identifiers.
- Categories of personal information described in California Civil Code Section 1798.80(e), such as name, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.
- Characteristics of protected classifications under federal or California law, such as age.
- Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity information.
- Geolocation data.
- Inferences drawn from the above categories of information.
The categories of sensitive information include:
- Account log-in, in combination with any required security or access code, password, or credentials allowing access to the account.
Information We Automatically Collect
Like many website operators, we collect information that your browser sends whenever you visit our Services. This includes log data, such as your computer’s IP address, browser type, browser version, the webpages that you visit, the time and date of your visit, the time spent on those pages and other statistics, and whether you reached our page via a social media or email campaign. This information may be collected via several technologies, including cookies, web beacons, clear GIFs, canvas fingerprinting, and other means, such as Google Remarketing and Facebook Pixel. Some of these technologies may be considered “sales” or “sharing” under California law, and you have the right to opt out of such activities. You can control cookies in your browser to enable or disable them. For more information about cookies and tracking technologies, please see the section titled “Cookies and Other Third-Party Integrations” below.
Location Information
You may opt in when prompted to allow us to collect real-time location information for use of our Services with your mobile device. CinemaPlus may then use that location information to provide real-time information about theaters near you and their show times. If you wish to opt out of sharing your location data, you can manage your preferences or disable the GPS on your mobile device.
Information We Collect From Third Parties
If you access our Services through third parties (e.g., Facebook or Google), or if you share content from our Services to a third-party social media service, the third-party service will send us certain information about you if the third-party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third-party service.
Third Party Links and Websites
Our Services may contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any data to these websites.
2. How We Use Your Data
We may use your Personal Data for the following purposes:
- Providing Services to you, which includes:
- Maintaining and servicing accounts,
- Providing customer service,
- Processing and fulfilling orders and transactions,
- Verifying customer information,
- Processing payments, and
- Providing advertising and marketing services.
- Providing analytic services, such as analyzing customer usage and improving the Services.
- Detecting security incidents, protecting against fraudulent or other criminal activity, debugging and repairing errors, and maintaining the overall quality and safety of our Services.
- Conducting market research and project planning.
- Administering subscription and loyalty programs.
- Fulfilling our legal and financial obligations.
Marketing
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any or all of these communications from us by following the unsubscribe instructions provided in any email we send or by contacting us using the contact details provided in the “Contact Us” section below. You will still continue to receive service-related messages concerning products and services you have purchased (unless we have indicated otherwise).
3. How We Share Your Data
We do not sell your Personal Data. The following describes how we may share your Personal Data with third parties:
Affiliates and Service Providers
We may share your information with our third-party service providers, affiliates, and any subcontractors as necessary to offer you our products and services. These entities help us:
- Run, operate, and maintain our Services through third-party platforms and software tools;
- Perform content moderation and crash analytics;
- Run email and mobile messaging campaigns;
- Perform marketing analytics;
- Provide measurement services (you can opt out of these services at websites such as http://www.aboutads.info/choices and http://www.youronlinechoices.eu/);
- Administer sweepstakes and promotions, including registering attendees, managing check-in and attendance, verifying eligibility and prize fulfilment;
- Provide payment attribution; and,
- Provide technical and customer support.
Some external service providers may also collect information directly from you (for example, a payment processor may request your billing and financial information) in accordance with their own privacy policy. These external service providers do not share your financial information, like full credit card numbers, with us, but may share limited information with us related to your purchase, like your IP address, the last 4 digits of your credit card, your zip code, and the credit card brand.
Operators
The Personal Data collected under this Privacy Policy may be provided to Operators so that they can authorize admission to specific movie theater locations for movie show times, handle attendance related issues and administer exhibitor loyalty programs. The categories of Personal Data that may be shared with Operators under this Privacy Policy include:
- Identifiers, such as real name, email address, or other similar identifiers.
- Categories of personal information described in Section 1798.80(e) of the California Civil Code, such as name and telephone number.
- Characteristics of protected classifications under federal or California law, such as age.
- Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity information.
Social Media
From your interaction with our Services, you may allow us to have access to information on one or more of your social media profiles or social media networks. When you supply information from one or more of your social media accounts, we may use the information to deliver you specific content, customize your online experience, and send you news, special offerings and rewards. When you provide us information through social media, it may be available for the public to view including other members of these social media networks which may result in your Personal Data being accessed and used by other third parties.
Aggregated or Deidentified Data
We may aggregate, deidentify, or otherwise strip information of all personally identifying characteristics and may share that aggregated, deidentified, or anonymized data with third parties or publish it. We reserve the right to make use of any such data as we see fit. Such aggregated or deidentified data is not considered Personal Data and is not subject to this Privacy Policy. We do not attempt to re-identify such data and will maintain and use it only in deidentified form.
Change of Control
Personal Data may be transferred to a third party because of a sale, acquisition, merger, reorganization, or other change in control. If we sell, merge, or transfer any part of the business, part of the sale may include your Personal Data.
Legal Process
CinemaPlus may be required to disclose your Personal Data in response to lawful requests by public authorities, including to meet law enforcement requirements. CinemaPlus may be under a duty to disclose or share your Personal Data to comply with any legal obligation, to enforce or apply our terms and conditions and other agreements, to protect our rights, property, or safety, or to protect the rights, property, or safety of others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.
4. Children’s Privacy
The Services are not intended for or directed at individuals under the age of 13. CinemaPlus does not knowingly collect Personal Data from individuals under the age of 13. CinemaPlus asks that individuals under the age of 13 do not attempt to use the Services or provide CinemaPlus with information. Should information be collected inadvertently from an individual under the age of 13, reasonable efforts will be implemented to delete this information. If you become aware that a child has provided us with Personal Data, please contact us using the contact details provided at the end of this Privacy Policy.
5. Data Security and Retention
CinemaPlus implements a variety of security measures to maintain the safety of Personal Data you have provided when using the Services. However, no website, application, or transmission can guarantee security. Thus, while CinemaPlus has established and maintains what it believes to be appropriate technical and organizational measures to protect the confidentiality, security, and integrity of Personal Data obtained through the Services, CinemaPlus cannot ensure or warrant the security of any information you transmit to CinemaPlus.
We retain information from or about you for so long as necessary to fulfill the purposes outlined in this Privacy Policy. When the information is no longer necessary for these purposes, we delete it or keep it in a form that does not identify you, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the Services if we delete some information from or about you, mandatory retention periods provided by law, and the statute of limitations.
6. Cookies and Other Third-Party Integrations
CinemaPlus may use cookies and other third-party integrations (e.g., APIs, SDKs, etc.) in connection with the Services. CinemaPlus reserves the right to change its use of cookies and third-party integrations from time to time. Operators may also use cookies and tracking technologies in connection with the Services or on Operator Sites. For information about Operator tracking practices, please refer to the applicable Operator’s privacy policy or the section titled “Right to Opt Out of Third-Party Operators’ Use of Cookies and Tracking Technologies” above.
Cookies are small text files that are stored on your computer or mobile device. They are widely used to make websites and applications work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize you and remember important information that will make your use of a website or application more convenient by remembering preference settings.
Google Analytics
We may use Google Analytics. We use the information we get from Google Analytics only to improve the website. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Please refer to Google’s Privacy Policy for more information. You may also choose to download the Google Analytics opt-out browser add-on.
You may wish to restrict the use of cookies. Please be aware that some of the features of our website may not function correctly if you disable cookies. Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful:
7. International Transfers of Data
Any data that you provide to us may be accessed, shared, or processed by our offices, located in the United States, and service providers located in the United States, if such data transfer is necessary for the specific purpose for which you submitted your data (such as the provision of goods or services under a written contract). This may entail the transfer of your Personal Data across international borders. The data protection standards may differ and be lower than the standards enforced in your jurisdiction.
8. Privacy Rights and Additional Disclosures for Certain U.S. Residents
Certain jurisdictions grant residents specific privacy rights and require certain disclosures. We provide the following information to help you understand your privacy rights under applicable law. To exercise any rights or to inquire whether such rights are available to you, please submit a request via email to legal@cinemaplus.com.
Right to Request Information or Deletion
Residents of certain U.S. states have the right to know whether we are processing your Personal Data and, in some instances, to request that we disclose the categories listed below for the preceding twelve (12) months. We may request verification of your identity before responding to any request for information. In responding to a verified request, we will provide you with:
- The categories of Personal Data we collect about you.
- The categories of sources from which your Personal Data is collected.
- The business or commercial purpose(s) for collecting, selling, sharing, or disclosing your Personal Data, and the categories of Personal Data disclosed for such purpose(s).
- The categories of third parties with whom we share your Personal Data.
- The categories of Personal Data we have sold, if any, about you and the categories of third parties to whom your Personal Data was sold, by category or categories of Personal Data for each third party to whom the Personal Data was sold.
- The specific pieces of Personal Data we have collected about you.
In addition, you may have the right to request that we delete your Personal Data, subject to applicable legal exceptions and retention requirements.
Right to Request Correction
Residents of certain U.S. states have the right to request the correction or rectification of inaccurate information in the resident’s Personal Data.
Right to Data Portability
Residents of certain U.S. states have the right, in certain circumstances, to receive their Personal Data in a portable and, to the extent technically feasible, readily usable format that allows the data to be efficiently transmitted to another entity.
Right to Opt Out of Sale or Sharing
Residents of certain U.S. states have the right to opt out of the sale or sharing of their Personal Data. CinemaPlus does not sell your Personal Data. CinemaPlus also does not share your Personal Data for purposes of cross-context behavioral advertising or targeted advertising. For information about third-party Operator tracking practices that may constitute sale or sharing, please see the section titled “Right to Opt Out of Third-Party Operators’ Use of Cookies and Tracking Technologies” below.
Right to Opt Out of Third-Party Operators’ Use of Cookies and Tracking Technologies
A third-party Operator’s use of cookies and other online tracking technologies outside the Services or for the Operator’s own purposes may constitute a “sale” or “sharing” of Personal Data under applicable state privacy laws. Residents of certain U.S. states may have the right to opt out of such tracking. To exercise this right or to determine whether it is available to you, please contact the applicable Operator directly.
Right to Limit Use of Sensitive Personal Information
California Residents have the right to direct us to use or disclose sensitive Personal Data only for providing goods or services, or as otherwise minimally permitted under applicable law. We do not use or disclose sensitive Personal Data for purposes beyond those necessary to provide our Services to you, or as otherwise permitted by applicable law.
Right to Request Information About Third-Party Marketing
California customers may request information regarding our disclosure of Personal Data to third parties for their direct marketing purposes during the immediately preceding calendar year, as permitted by Cal. Civ. Code Section 1798.83.
Right to Opt Out of Automated Decision-Making and Profiling
Residents of certain U.S. states have the right to opt out of processing of their Personal Data for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning them.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment for exercising your privacy rights under applicable law, including with respect to the price or quality of our Services.
Right to Appeal
In certain cases, we may decline a request as permitted by applicable law. If we decline your request in whole or in part, we will provide you with a written explanation of the reasons for our decision. Where required by applicable law, we will also provide instructions on how to appeal our decision.
If we deny your appeal, we may provide a written explanation of our decision and, where required by applicable law, instructions on how to contact your local Attorney General or Department of Justice for further review.
9. How We Respond to ‘Do Not Track’ Signals
Some browsers provide you with a way to signal that you do not want your browsing activity to be tracked. The Services may not currently respond to all Do Not Track (“DNT”) or similar signals, as we are awaiting consensus from the Internet policy and legal community on the meaning of DNT and the best way to respond to these signals.
10. Changes to this Privacy Policy
We may update this Privacy Policy from time to time. We encourage you to periodically review this Privacy Policy to stay informed of any changes. The “Last Updated” date at the top of this Privacy Policy reflects the most recent revision. Your continued use of the Services after we post changes constitutes your acceptance of the updated Privacy Policy.
11. Contact Us
If you have any questions regarding this Privacy Policy, please contact us at: legal@cinemaplus.com.
12. Notice of Financial Incentive
Please read this Notice of Financial Incentive (the “Notice”) carefully to learn about the financial incentives that may be offered relating to the collection, use, retention, sale, or disclosure of your Personal Data, and to learn about your rights regarding our financial incentives for your Personal Data.
To the extent an Operator has validly adopted this Privacy Policy by prominently posting and hyperlinking to it on the applicable Operator Site, app, checkout flow, or other consumer-facing interface through which the Services are made available, and the Operator provides a Rewards Program through the Services, then the Operator’s collection, use, and processing of Personal Data under that Rewards Program shall be governed by this Privacy Policy and this Section 12 shall apply to the Rewards Program. However, if the Operator provides a separate, compliant notice of financial incentive for the Rewards Program that meets all applicable legal requirements, then this Section 12 shall not apply to that Rewards Program.
Incentives Offered
We and participating Operators may offer programs, benefits, free products, discounts, and other incentives to you relating to the collection, use, retention, or disclosure of your Personal Data (our “Rewards Program(s)”). Examples of our Rewards Programs include surveys, limited-time promotions, sweepstakes, free tickets, discounts on products or services, and more.
Categories of Personal Data Involved
Our Rewards Programs may involve the following categories of Personal Data from customers who participate:
- Identifiers, such as real name, alias, postal address, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
- Categories of personal information described in Section 1798.80(e) of the California Civil Code, such as name, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.
- Characteristics of protected classifications under federal or California law, such as age.
- Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity information.
- Geolocation data.
- Inferences drawn from the above categories of information.
The following categories of Personal Data may be disclosed to third parties in ways that could be considered “sale” or “sharing” under certain state privacy laws, or used for targeted advertising:
- Identifiers, such as real name, alias, postal address, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
- Categories of personal information described in Section 1798.80(e) of the California Civil Code, such as name, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.
- Characteristics of protected classifications under federal or California law, such as age.
- Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity information.
- Geolocation data.
- Inferences drawn from the above categories of information.
We do not sell your Personal Data as defined under California law. The disclosures described in this section are for business purposes only and do not constitute a sale of Personal Data.
We are providing you with this information so that you may make an informed decision about whether to participate in our Rewards Programs. Your participation is entirely voluntary, and you may withdraw at any time as described below.
Who Receives Your Personal Data
Personal Data collected in connection with the Rewards Program may be disclosed to or shared with the following categories of third parties:
- Analytics companies;
- Third-party advertisers;
- Financial services providers;
- Other merchants; and,
- Government agencies.
For clarity, we do not sell your Personal Data to any third parties. The sharing described above is conducted solely for business purposes to operate and improve the Rewards Programs.
For the avoidance of doubt, Personal Data collected in connection with the Rewards Program will not be disclosed to data brokers, and we do not sell your Personal Data to any third parties for monetary or other valuable consideration as defined under California law.
To provide you with the Rewards Programs, we may engage certain partners in addition to Operators to deliver the benefits described above. If we engage such additional partners to provide material benefits under the Rewards Programs, we will update this Privacy Policy to identify them.
How to Get These Incentives
You can access our Rewards Programs within the Services. You can also contact us to learn more about our Rewards Programs and how to sign up.
How to Opt Out of Incentives
Participation in our Rewards Programs is always optional, and you can terminate program participation at any time by contacting us at legal@cinemaplus.com. Upon termination, we will cease collecting your Personal Data for Rewards Program purposes, though we may retain certain data as required by law or for legitimate business purposes such as fraud prevention and legal compliance.
Additional Disclosures
We respect your decision to opt in to our Rewards Program, and we strive to provide financial benefits worth your time and attention. While it is extremely difficult to assign a monetary value to the Personal Data we collect under the Rewards Program, we believe that, based on our reasonable estimates, the value of your Personal Data is reasonably equal to or greater than the value we provide with our financial benefits program.
We arrived at this conclusion by analyzing market trends and similar Rewards Programs and comparing these factors against our good-faith estimate of what we receive from your Personal Data.