HitFix Privacy Policy

Updated: August 11, 2016

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THESE SERVICES.

1. General

These “Services” (as defined herein) are operated by Splitting Fours Productions LLC, a wholly owned subsidiary of Woven Digital, Inc. (“ Company”, “Woven”, “us” or “we”). This privacy policy applies to your use of all the online and mobile websites, (including but not limited to the website [“Website”] HitFix.com) and any interactive applications accessible on any device (including mobile devices) (each, an “Application”) operated by Company (collectively, the “Services”) and to any services and/or desktop or mobile applications that display this notice. Woven is committed to protecting your privacy when you use the Services as further outlined in this policy. This Privacy Policy discloses what type of information is collected, the methods used to collect it, how Woven utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Services indicates that you have read, accepted and unconditionally agreed to the Woven privacy practices, as outlined in this Privacy Policy and any other applicable terms.

2. Children

We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. These Services support and comply with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. The Services are not aimed at nor intended for children under the age of 13. If you are under the age of 13, please do not use this Services, and if you are over the age of 13 but under the age of 18, you should use the Services only with the involvement and permission of a parent or legal guardian. Our Services do not accept registration from children under the age of 13. No personally identifiable information is purposefully or knowingly collected from children under the age of 13 by Company without parental consent. For purposes of this Privacy Policy, personally identifiable information (“ PII”) is personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of COPPA and the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2. If Company discovers that a person under the age of 13 has provided Company with any PII, Company will use commercially reasonable efforts to delete such person’s PII from its system. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.

3. Changes to Privacy Policy

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the privacy policy, in whole or in part, at any time When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will place a notice on the Company website located at http://www.hitfix.com by revising the link to read substantially as “Updated Privacy Policy” for a reasonable amount of time. If you provide information to us or access or use the Services in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Services and will supersede all previous versions of this Privacy Policy.

4. How Your Information is Used

a. Company strives to provide our visitors with information relevant to their particular desires, needs and/or interests. The information we gather helps us to better serve our purpose. We may ask you to provide us with demographic information, information regarding your interests or other PII. Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Services’ features. Company actively and passively gathers, analyzes and/or stores PII and other information generally by way of four different sources: (1) the PII voluntarily submitted by visitors when using or registering to use or receive our services or offers; (2) the PII visitors voluntarily provide when participating in any contests, sweepstakes and/or other promotions; and (3) by tracking and analyzing online and mobile data and activity through mechanisms that identify site usage, browser types, IP addresses, and other data. This last source of information is explained in greater detail over the next several sections of this Privacy Policy.

b. Order and Payment Processing, Customer Service, Credit Card Issuers and Quality Assurance: We use contact information to help us efficiently perform transactions, to deliver the services you have requested, to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with any orders that you have placed with us. We may also provide your contact information to your credit card issuer or to credit card processors for their purposes. No other use of your financial information will be made except to satisfy any law, regulation, governmental request, or judicial order. When you make a purchase through the Services, or register with the Services, you will provide us with an email address where we, or these service providers, may contact you for the purposes described in this paragraph.

c. Contacting You for Offers and Promotions: You agree, in consideration for the use of the Services provided by Woven, to allow Woven to use your PII to send you marketing and promotional materials. Company may also send you marketing and promotional materials that promote third party products. Company will not rent or sell your personal information for use by third parties. These materials may include, but are not limited to: newsletters providing you with additional information on how to use the Services, and promotional offers for goods and services from Company or third parties.

d. Use of Demographic Information: Woven may use your demographic information to perform business analyses or to tailor the Services and communications to your interests.

5. Sharing Information

We may provide information to select outside companies when we believe their products or services may be of interest to you. If you opt in to receive communications from a third party, your information will be subject to the third party’s privacy policy and not this Privacy Policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. In addition, Company may share your PII with third parties under the following circumstances:

Third parties providing services on our behalf : We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) product customization, (b) marketing and promotional material distribution, (c) website evaluation, (d) data collection, storage, management, analysis and, where applicable, cleansing, and (e) any other services designed to assist us in maximizing our business potential. These third parties may have access the Services’ user information, including PII, to the extent it is needed to perform their duties and functions.

Company Security : We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation or to verify or enforce compliance with the policies governing our Services and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Company, or any of our respective affiliates, business partners, customers or others.

Aggregate Information : We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our Services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited the Services during a specific time period or purchased a specific product through the Services.

Promotions : If you choose to enter a contest, sweepstakes or promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit.

Corporate Change : In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Company’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our Services prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, Company specifically reserves the right to transfer or share a copy of PII collected pursuant to this Privacy Policy from the Services, off-line or otherwise, to the buyer of that portion of its business relating to that information.

6. Use of Cookies and Other Website Tracking Data

Cookies : A “cookie” is a small file that we save on your computer or mobile device that contains non-personal information. These cookies help to give you faster access to pages you have already visited. They also allow you to personalize your pages, and optimize your experience on our Services. We also use cookies to help us figure out how many people visit our Services, which of our web pages they visit, and how long they stay there. This information helps us figure out which of our web features are highly successful and which Services might need improvement. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. Most browsers accept cookies automatically, but allow you to disable them. Disabling cookies may prevent you from properly using the Services or accessing the Services.

Flash Cookies : The Services enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on your computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html . If you do not allow flash cookies to take any memory space on your computer or mobile device, you may not be able to take advantage of or participate in certain features on the Services. Users with a computer running the Windows operating system can view flash cookie files in this folder: Documents and Settings[username]Application DataMacromediaFlash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension.

Although the Adobe Flash Player is used by the vast majority of websites that offer video content and/or games, it is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.

Session IDs : “Session IDs” allow us to identify a particular user across multiple web page requests. This Session ID is maintained within your cookie file, where possible. If cookies are not enabled, or if the user’s internet browser program does not support cookies then Woven will place the Session ID in the requested web page. This allows the end user to avoid having to continually re-enter certain information such as account name and password for every web page request. This Session ID expires whenever the user closes their internet browser.

Web Site Tracking, Reporting : Many of our web pages and mobile applications also contain special electronic images (called a “single-pixel gif” or “gifs”) or Javascript code that allow us to gather only non-personally identifiable traffic statistics and other aggregate information about visitors to our Services. Woven (through itself or third parties) uses this technology to collect and accumulate anonymous data that helps us understand and analyze the experience of people visiting the Services and, along with other information you provide, customize your future visits and improve our web sites. For example, we capture data on the type of browser used, operating system software (e.g. Windows XP vs. Vista or Macintosh), cookie preferences (whether the user has them turned on or off), and search engine keywords (what key words did a visitor use to get to our Services). We also record number of visits, paths taken, and time spent on sites and pages within the Services. Please keep in mind that none of this information is PII and that we only distribute this information to internal staff at Woven and to partners that have signed confidentiality agreements with us. Any information that we do share with partners reflects overall web site or Internet usage trends, not individual.

IP Address : Each time you visit the Services, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Services for you and to diagnose problems with the Services, we use your IP address to help identify you and to gather broad demographic information about you.

Banner Ads : The Services may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider. The ad service provider may place or utilize their own unique cookie on your browser, and may use non-personally identifiable information about your visit to our Services, such as the number of times you have viewed the ad. Woven is not responsible for the collection of these cookies and is not responsible for the actions of the ad service providers. Woven does not sponsor, endorse or guarantee any products or services advertised by third parties on its site.

Direct Linking URLs or Hotlinking : In order to provide more relevant advertising and monitor user bandwidth usage (as governed by the Woven Terms of Service), Woven may gather data from the referer logs that identify where and how frequently user images being hosted by the Services are being displayed on third party sites.

7. Information from Other Sites

The Services may include links to other web sites operated by other parties and from time to time may include information and links to third party web sites in our promotional email. Some of these other web sites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other web sites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other web sites or these other web sites’ business practices, and that this privacy policy does not apply to these other web sites. Consequently, the operators of these other web sites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on our Services. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.

8. Ad Serving Technology

The Services may employ proprietary or third party ad serving technologies that use cookies, clear GIFs, web beacons, tracking pixels or other technologies to collect information as a result of ad serving through the Services. Woven or third parties operating the ad serving technology may use demographic and location information, as well as information logged from your hardware or device to ensure that appropriate advertising is presented within the Services and to calculate or control the number of unique and repeat views of a given ad, and/or deliver ads that relate to your interests and measure the effectiveness of ad campaigns. We or third parties may collect data for this purpose, including your IP address (including for purposes of determining your approximate geographic location), device ID, information about your software, applications and hardware, machine or device make and model, advertisement(s) served, length of time an advertisement was visible, other Internet and website usage information, web pages and mobile Internet sites which have been viewed by you (as well as date and time), domain type, size of the advertisement, advertisement response (if any), and angle of view. Note that if you click on an ad that appears on the Services, you acknowledge and agree as a result of how that technology works that your name or other identifying characteristics may be revealed to the advertiser (or its ad server) through referrer headers (the URL transmitted by publishers when users click on ads). You recognize and agree that the advertising companies who deliver ads for Woven may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies may be integrated into the Services.

In addition, Woven may use pixels, or transparent GIF files, to help manage online advertising. These GIF files are provided by our ad management partners (each, a “Management Partner”). These files enable our Management Partners to recognize a unique cookie on your Web browser. The cookie was placed by us, or by another advertiser who works with the applicable Management Partner. The Management Partner may set and access its own cookies on your Web browser in order to serve ads it believes may be of interest to you based on the profile information you provided to us at registration (e.g., demographic information) as well as information collected about you by the applicable Management Partner elsewhere on the Web. Management Partners may use information about you gathered from the Services (including your demographic information provided to us upon registration as well as your browsing behavior on the Website) to serve third party ads to you elsewhere on the Internet. For more information about how cookies work, please visit the Network Advertising Initiative’s homepage.

9. Social Networking

Woven may offer you the possibility to connect your accounts from third party social networking sites, such as Facebook and Twitter (each, a “ Social Networking Site”), with the Services by an application programming interface (API) or other software. By allowing Woven to connect with your accounts on such Social Networking Sites, you consent to Woven’s accessing the information in those accounts, which information may include PII. You likewise consent to Woven’s publishing on the Services any such information or actions you take on other such Social Networking Sites. Any information accessed or published from your account on a Social Networking Site on the Services is subject to Woven’s Terms of Service. It is your choice whether to use any such Social Networking Site, and you understand that in some instances such Social Networking Sites may request to access and publish information about you or your friends that is included in your Woven Account.

10. Non-US Users

If you are not a resident of the United States, you understand and agree that Woven collects, stores and processes your information on computers located in the United States, and by providing any data to Woven, you agree and unconditionally consent to the transfer of such information to the United States.

11. Security Precautions

Woven has security measures in place to help protect against the loss, misuse and alteration of the information under our control. We use secure socket layer (SSL) technology to help protect the security of commerce transactions. We encrypt your contact information and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained in whole or in part on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and may be stored on equipment or in facilities leased or licensed from third parties. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and make all commercially reasonable efforts to do so, Woven cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. However, once we receive your transmission, we make our best effort to ensure its security on our systems.

This privacy policy does not apply to any information, including such photographs, that you submit for use in publicly available areas. We ask that you do not submit any personal information, including contact information or financial information, for display in public areas, as other people who use the Services will see it. If you submit such information for display in public areas, Woven cannot prevent it from being used in a manner that violates the law, your personal privacy or your safety. By submitting such information for display in public areas, you assume the risks and sole liability arising as a result of such information being displayed.

12. How to Contact Us

If you have any questions regarding this privacy policy or information that you have submitted to us you can contact us at:

Email: privacy@woven.com

13. Your choices/unsubscribe

You will have an opportunity to unsubscribe from receiving promotional material from the Services by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Additionally you may send us a message using our “Contact Us” page. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.

In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

If you want to opt out of having your PII shared with third parties for marketing purposes, you must consistently opt-out on our Services where you register and whenever you provide PII to us. Please bear in mind that this opt-out choice for “third parties” will not apply to Company, Company licensees and/or co-branding participants, as set forth below. Please also keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) Company uses your PII for either operational purposes (e.g., to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our Services, including any future changes to this Privacy Policy, or any other policy or terms that affect you and your use of our Services) or fulfillment purposes (e.g., sharing with companies that facilitate communications and transactions with you).

Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using PII shared before your opt-out may already be in process. Thus, your PII might continue to be shared with third parties for promotional purposes for some time after you make your request, For similar reasons, if your PII is shared with a third party, Company largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.

14. Notice to California Residents/Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2013 will receive information about 2012 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide PII to us or send us a message using information provided in Paragraph 12 of this Privacy Policy. You must include this Privacy Policy as the subject line, and your full name, e-mail address, and postal address in your message.

15. Choice of Law

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the State of Florida, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

16. Arbitration

By using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Company and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Miami, Florida; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services; (5) the arbitrator shall apply Florida law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at http://www.jamsadr.com.