FANDANGO.COM - PRIVACY POLICY

Transcription

1 FANDANGO PRIVACY POLICY Last Revised: May, 2008 Fandango, Inc. ("Fandango") is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. Fandango collects some or all of the following information whenever you sign up for or use the various Fandango services and products, including without limitation the Fandango Web site, the Movies.com Web site, any other Web site owned or operated by Fandango (each a "Site"), online mobile service, and telephone service, and/or purchase movie or other event tickets, Fandango Bucks, or other products or services offered by Fandango, Movies.com, or any affiliate (collectively, the "Service"). Some of this information is collected automatically and some is collected only when you provide it voluntarily. A SPECIAL NOTE ABOUT CHILDREN 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. Children under 13 may not submit 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. ANTI-SPAM POLICY Fandango is 100% opposed to unsolicited commercial ("spam"). We do not have any desire to send unsolicited marketing s to anyone without permission and we do not sell or provide addresses to any unauthorized third party in violation of this Privacy Policy. If you receive any unsolicited s from spammers, please be assured that Fandango did not provide your address to such parties. This does not mean that we can prevent spam from happening on the Internet. Unfortunately, spammers obtain addresses in a number of devious ways, including when you respond and ask to be taken off a spam list, and in some cases by just generating s to millions of random addresses in the hopes of getting a few "live" ones. Please be assured that at Fandango we hate spam as much as you do, and we do our best to avoid contributing to it. All of our newsletters and other general marketing communications also include an "unsubscribe" opt-out link that you may use to ask that we discontinue such s to you. (Even if you opt-out of our newsletter or other marketing communications, we may still send you certain transactional or administrative s, such as confirmations of ticket purchases, or s regarding changes to your account.) 1 of 7

2 All that said, if you believe that you have gotten unsolicited from us, please contact us and we will investigate. Please be assured that we strive not to contact anyone for marketing purposes without permission, and if you prefer not to receive any further marketing communications from us, just tell us and we'll try to make sure you never hear from us again. WHAT TYPES OF INFORMATION DOES FANDANGO COLLECT? Personally Identifiable Information. Personally identifiable information is information that identifies you as an individual, such as your name, mailing address, phone number, address, credit/debit card number and expiration date (or other payment-method information), login ID, member name and password ("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. In addition, when you use certain features of the Site or other Service, such as Fandango Bucks, Fandango will collect the addresses or other Personally Identifiable Information of others that you may provide. Non-Personally Identifiable Information. Fandango collects information from you automatically when you use the Site or other Service. However, the information that Fandango collects automatically does not contain Personally Identifiable Information. The automatically collected information may include information such as your browser type, the URL of the previous Web sites you visited, the Web pages and advertisements you view or select, the type of Service you use and the searches you conduct. This information also may include your movie preferences, such as the movies for which you buy tickets and the theaters where you see those movies. Fandango also collects information that does not include Personally Identifiable Information when you voluntarily provide it (such as in response to a questionnaire or survey) or post it to a public area of the Site or other Service (such as a rating/review page, message board or chat room). HOW DOES FANDANGO AUTOMATICALLY COLLECT INFORMATION? Cookies. A cookie is a message that is sent to your computer from a Web server and stored on your computer's hard drive. Fandango's cookies contain Personally Identifiable Information, such as your Login ID and your address. Fandango uses cookies to allow you to log in automatically and to ensure that you have agreed to the terms, conditions and policies that govern your use of the Site or other Service. In addition, Fandango uses cookies to track your use of the Site or other Service and provide you with a more personalized user experience by allowing Fandango to 2 of 7

3 provide targeted advertising and determine which areas of the Site or other Service may be the most popular or useful to you. IP Address. An IP address is a number that is assigned to your computer automatically when you use the Internet. Fandango logs your IP address when you use the Site or other Service. Fandango uses your IP address to track your use of the Site or other Service. Pixels. Pixels, also called clear GIFs, are invisible files on Web pages that you visit. When you visit a page on the Site that contains a pixel, the pixel communicates with your computer to determine, among other things, whether you have been to that page before or viewed a particular advertisement. Fandango uses pixels to serve advertising, enhance advertising, and track usage of the Site or other Service. Other Methods. 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 web beacons, trusted vendors and other third party companies who may gather data for purposes of advertising and/or to report website traffic and statistics. Fandango may also use other monitoring technologies to gather anonymous statistics about our website visitors. HOW DOES FANDANGO USE THE INFORMATION? Personally Identifiable Information. Fandango uses your Personally Identifiable Information to notify you of changes to the Site or other Service, to let you know about movies or other entertainment 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 "Receiving Communications and Opting Out." Fandango also uses your Personally Identifiable Information to process and fulfill your purchases, provide you with information that you request, and deliver content to you that is relevant to your interests. When you use Fandango Bucks to give a gift certificate, Fandango will use the addresses you provide to send your invites and gift certificates, and other communications relating to such transaction, and any further communications as may be authorized by the recipient. Aggregate Information. Fandango also combines your usage information for the Site or other Service with that of other users to determine which features and areas of the Site or other Service are most popular. By collecting and analyzing this data, Fandango can improve the Site or other Service. This "Aggregate Information" does not contain any of your Personally Identifiable Information. 3 of 7

4 WHO DOES FANDANGO SHARE INFORMATION WITH? Aggregate Information. 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. Selling and Renting Information. Fandango does not sell or rent your Personally Identifiable Information to third parties. However, in the event that you expressly opt-in via the Site or other Service to receive particular products or services, or information about products or services, that are offered by third parties, or otherwise authorize us to do so, we will share your Personally Identifiable Information with those third parties as appropriate for those limited purposes. Fandango may also share with those same third parties certain limited personal information that, without other information, does not specifically identify you. Sharing with Social Networks or Other Sites You May Authorize. If you are a member of a social network service (such as Facebook, MySpace, etc.) or you use other Internet sites where you have authorized them to gather information about your online behavior on Fandango (for instance, to notify your friends that you have viewed a video or bought movie tickets), including participation in any behavioral reporting program that they may operate on or off of their own site (i.e., Facebook Beacon, etc.), 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. Other Sharing. Fandango may also share cookies and pixels with trusted service providers or other third parties to customize your experience on the Site or other Service or to provide you with more relevant information or otherwise improve your experience on other Web sites, but those third parties will not contact you directly. Fandango may transfer the Personally Identifiable Information it collects to any affiliates (including our parent company, Comcast Corporation and its affiliates), trusted business partners or joint venturers, or successors in interest to Fandango, such as a company that acquires Fandango. Fandango may also disclose your Personally Identifiable Information if it 4 of 7

5 determines that an applicable law, regulation or legal process requires it, or if Fandango determines that it needs to share such information to protect or enforce Fandango's rights or the rights of another user. WHAT OPTIONS DO I HAVE TO CONTROL THE USE OF MY INFORMATION? Receiving Communications and Opting Out During registration and certain purchases, you can "opt out" of receiving certain communications from Fandango and our partners. Also, you can later "opt out" by visiting clicking on the "Subscribe/Unsubscribe to Fandango newsletter" link and removing the check mark from the box. All of our newsletters and other general marketing communications also include an "unsubscribe" opt out link that you may use to ask that we discontinue such s to you. (Even if you opt-out of our newsletter or other marketing communications, we may still send you certain transactional or administrative s, such as confirmations of ticket purchases, or s regarding changes to your account.) You may opt out of the collection of non-personally identifiable information by visiting Correction and Deletion of Information. You can obtain a copy of your Personally Identifiable Information from customer support or by contacting Fandango at the mailing address below. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personally Identifiable Information. You may correct any errors in your Personally Identifiable Information by providing Fandango with the correct information. In addition, Fandango will delete all of your Personally Identifiable Information (except for your transaction history) from our records upon your request. If you choose to delete your Personally Identifiable Information, you may not be able to access some areas of the Site or other Service. WHAT ELSE SHOULD I KNOW ABOUT PRIVACY? Security. 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. 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. Third Parties. 5 of 7

6 Fandango does not control the privacy policies of Fandango's 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 Privacy 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. Disclosure of Information in Public Areas. If you voluntarily disclose Personally Identifiable Information in a public area of the Site or other Service, such as a rating/review page, chat room or message board, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. Fandango does not control the actions of users in public areas of the Site or other Service. If you disclose Personally Identifiable Information in a public area, you do so at your own risk. YOUR CALIFORNIA PRIVACY RIGHTS (California residents) California Civil Code Section permits our visitors who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an to caprivacyrights@fandango.com or write to us: Fandango, Inc. Attn: California Privacy Rights West Olympic Blvd, Suite 400 Los Angeles, CA ACCEPTANCE OF PRIVACY POLICY When you use the Site or other Service, you are accepting the terms and conditions of this Privacy Policy, and Fandango will have the right to use your Personally Identifiable Information or other information about you as described in this Privacy Policy. If you do not agree to have your information used in any of the ways described in this Privacy Policy, you must not use the Site or other Service and you must follow the opt-out provisions above. Fandango reserves the right to modify this Privacy Policy at any time. Your continued use of the Site or any Service after Fandango either personally notifies you or generally posts such changes on will constitute your acceptance of those changes. If you have questions or concerns about this Privacy Policy, please contact customer support or write to Fandango at: Fandango, Inc. 6 of 7

7 Attn: Privacy Policies West Olympic Blvd, Suite 400 Los Angeles, CA 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: 7 of 7