PRIVACY POLICY

Our Privacy Commitment

Machinima, Inc. (“Machinima”, “we”, “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Machinima websites where this Privacy Policy is posted (the “Sites”) (we refer to the Sites and the services made available through the Sites, collectively, as the “Machinima Features”). As such, we have established and implemented this Privacy Policy to inform visitors to the Sites and users of the Machinima Features how we use and protect the information we collect through the Sites and the Machinima Features. By visiting the Sites or using any of the Machinima Features, you consent to Machinima’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Sites and not to any other website content platform or social networking service that you may be able to access from the Sites which may have its own data collection and use practices and policies.

This policy answers the following questions:

  1. What information do we collect about you and how do we use it?

  2. Will we share your personal information with third parties?

  3. What choices do you have about the collection and use of your personal information?

  4. What security measures do we take to safeguard your personal information?

What information do we collect about you and how do we use it?

TYPES OF INFORMATION WE COLLECT

Personal information means information that can be used to identify and contact you. You need to submit personal information to access certain areas of the Sites and the Machinima Features.

We collect personal information when you subscribe to our newsletter and/or content feeds; participate in feedback forms, questionnaires or contests; leave replies on our Sites; or receive customer support.

In order to use certain aspects of the Machinima Features, we require you to provide certain information, which may include your name, mailing address, and an email address. Providing additional information beyond what is required is entirely optional, but enables you to more easily utilize the Machinima Features. If you access certain Machinima Features using a social networking site to login or share information in association with the Site, such as Facebook or YouTube, we may also collect personally identifiable information from these Internet sources and database services. When you are purchasing products through our third party vendors, those vendors may provide us information regarding your transactions, but such vendors will not provide Machinima your payment information under any circumstances.

HOW WE USE YOUR PERSONAL INFORMATION

The personal information you provide to us will allow us to alert you of new products or services, features, or enhancements; handle your customer service questions or issues; request feedback; administer contests, promotions and surveys; and notify you of promotions, updates, or special offers that we think may interest you. We also use your email address and phone number as part of the Machinima Features in sending you messages about the Machinima Features and other general announcements.

We keep track of your interactions with us, including but not limited to your activity within the Machinima Features. We may use personal information that you provide to us to send messages to you in response to your request to perform an activity in connection with your use of any of the Machinima Features. We may also use your personal information to contact you when necessary.

We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Machinima Features. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Machinima Features (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Machinima Features users.

COOKIES

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Sites to allow us to provide information to make your online experience more convenient. For example, cookies provide information to the Sites so that the Sites will remember who you are on subsequent visits, speeding up or enhancing your experience of the Machinima Features by, for instance, tailoring content to you.

LOG INFORMATION

Our servers automatically record information that your browser sends whenever you visit the Sites. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Machinima Features, if any, which Machinima Features you use and when and how long you use them. We use this information to monitor and analyze how users use the Machinima Features, to provide customer service and to maintain and improve the Machinima Features.

CHILDREN’S PRIVACY

We do not knowingly collect personal information from children under 13. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.

Will we share your personal information with third parties? SHARING OF INFORMATION

We use your personal information to respond to your requests, deliver services you request, and send communications to you about promotions, updates, or special offers (which may be offered by Machinima or one of its business partners) that may be of interest to you. We may share your personal information with carefully selected vendors and business partners, including companies that perform marketing services, product merchandising services and other business operations for us. We may also use your personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties. In addition, we will share the personal information we collect from you under the following circumstances:

  1. Protection of rights. We will share personal information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Machinima Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Machinima Features, or (iv) such action is appropriate to protect the rights, property or safety of Machinima, its employees, users of the Machinima Features or others.

  2. Asset transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Machinima’s assets, user information, including personal information collected from you through your use of the Machinima Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Sites.

  3. Service Providers. We may share your personal information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we may partner with other companies to sell merchandise and process payments in association with the Machinima Features. Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

ADDITIONAL INFORMATION YOU SHOULD KNOW ABOUT THIRD PARTIES

This Privacy Policy does not cover the information practices of third party websites linked to the Sites, including without limitation content platforms and social networking services. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you have clicked on a third party logo or URL displayed on our Sites which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.

What choices do you have about the collection and use of your personal information? CONTROL OF YOUR INFORMATION

You may update or delete your personal information by emailing us at info@machinima.com. Please note that we may retain your information for a reasonable period of time afterward for the purpose of fraud prevention activities.

OPTING OUT OF RECEIVING COMMUNICATIONS FROM US

If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe by writing to us at customerservice@machinima.com or replying to the unsubscribe link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us.

MEDIATION

If you are a resident of a country outside of the European Union, you also agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy that you and Machinima will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

DISPUTE RESOLUTION FOR RESIDENTS OF THE EUROPEAN UNION

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.

What security measures do we take to safeguard your personal information?

The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Machinima Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

European Commission’s Directive on Data Protection - Safe Harbor

Machinima adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission’s Directive on Data Protection.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on this page.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at: info@machinima.com

Terms of Use

Please read the Terms of Use governing the use of the Site and the Machinima Features.