PRIVACY POLICY
Last Updated and Effective Date: July 24, 2015
This Privacy Policy applies to the web sites, mobile apps and other features or services brought to you by iPic-Gold Class Entertainment, LLC and its affiliates and subsidiaries, including iPic Media, LLC, which does business as iPic Theaters and its associated restaurants (such as Big Daddy's Brew and Que, City Perch Kitchen + Bar, Tanzy Restaurant, and The Tuck Room) (collectively, "iPic," "we," or "us"), that post or link to it (each, a "Service" and collectively, the "Services"). Your use of our Services is also governed by our Terms of Use. This Privacy Policy does not apply to offline collection of data unless specifically stated.
KEY POINTS TO KNOW
WE FULLY DESCRIBE OUR PRIVACY PRACTICES BELOW IN THIS PRIVACY POLICY. THIS SUMMARY HIGHLIGHTS SOME IMPORTANT INFORMATION REGARDING OUR USE AND SHARING OF YOUR INFORMATION, AND REGARDING THIRD PARTIES WHO MAY COLLECT CERTAIN INFORMATION WHEN YOU USE THE SERVICES. PLEASE REVIEW OUR FULL PRIVACY POLICY BEFORE USING OUR SERVICES.
We primarily use the information we collect when you use the Services in connection with your relationship with iPic, your use of the Services, your purchase of products and for sending you information from us or on behalf of certain third parties. Please refer to section titled “HOW WE USE THE INFORMATION WE COLLECT” for further details.
We do not share your Personal Information (defined as information that identifies you as a specific individual, such as your name or e-mail address) with third parties for marketing purposes without your consent; however, we may share your Personal Information under certain limited circumstances, such as vendors providing services or for legal compliance. Please refer to section titled “INFORMATION SHARING” for further details.
iPic does not currently display third party advertisements on the Services. However, we work with third party service providers (network advertisers, ad agencies, analytics service providers and other vendors) to serve iPic advertisements on other web sites, within mobile apps, and elsewhere online; and to provide us with information regarding the use of the Services and the effectiveness of our advertisements. We do not share Personal Information with these third parties, but these third parties may set and access their own tracking devices (including cookies and web beacons) and they may otherwise collect or have access to information about you and your online browsing activities. Some of the companies who display these targeted ads participate in a self-regulatory program that allows you to opt-out of having information about you used for this purpose. Please refer to section titled “THIRD PARTY AD NETWORKS, ANALYTICS PROVIDERS AND SIMILAR THIRD PARTIES” for further details.
INFORMATION COLLECTION
Registration and Other Information You Provide
The Services may collect and store "Personal Information" (which is information that can be used to identify or contact a specific individual, such as your name and email address), account information (such as a password or other information that helps us confirm that it is you accessing your account) and demographic or other information (such as your gender, age, birthdate, zip code, education and income information, and information about your interests and preferences). We will also collect and may store payment information (typically, credit card account information) if you choose to purchase products or services through the Services. We may also ask you for access to the physical location of the device you use to access the Services. If we combine demographic or similar information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.
Note about Children: Our services are general audience services and are not intended for individuals younger than the age of 13. We do not knowingly collect Personal Information from individuals younger than the age of 13.
Social Media Features
The Services may permit interactions a third party web site or service, such as enabling you to "like" a product within our Services or "share" content to other web sites. If you choose to "like" or "share" content or to otherwise post information from or via the Services to a third party web site, feature or application, that information may be publicly displayed, and the third party web site may have access to information about you and your use of our Services.
Similarly, if you interact with iPic through a third party platform, we may have access to information about you (for example, if you "like" or "follow" us through a third party platform or if other users of a third party web site give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections" web page, profile page, or similar page on a social networking or other third party web site or interactive service).
The information we collect in connection with such social media features is subject to this Privacy Policy. Your interactions with third parties through these types of social media features are governed by the privacy policies of those third parties, including your choices with regard to what is visible to others on that third party service.
Information Third Parties Provide About You
Third parties may provide us with information about you. For example, if you are on a third party web site, and you opt-in to receive information from us, that third party will forward information about you to us so that we may contact you as requested. Someone may also provide information about you in order to send you something through the Services (such as a gift card or other product, or a movie review or other information). We also may supplement the information we collect with outside records from third parties in order to provide you with information, services or goods you have requested, to enhance our ability to serve you to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those other sources with information we collect through the Services. In those cases, we will apply this Privacy Policy to the combined information.
Public Forums and User Content
The Services may provide features through which you can publicly post content ("Public Forums"). You may choose, through such features or otherwise, to submit or post reviews, comments, ideas, messages, images, videos, text or other material ("User Content"). We do not claim ownership of any User Content. Instead, you hereby grant to us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to copy, display, distribute, modify and otherwise use the User Content.
Note that anything you post to a Public Forum may be viewed by others without restriction. If you choose to voluntarily disclose Personal Information or other information in a Public Forum, that information will be considered public information and the protections of this Privacy Policy will not apply.
If you are a registered user of the Site and a minor resident of California, you may have the right to request the removal of certain User Content you have posted. To request removal of such User Content, please send your request by mail to iPic Theaters, Attention: Privacy Department, 433 Plaza Real Boulevard, Suite 335, Boca Raton, FL 33432. You must prominently reference "California Minor Content-Removal Request" in your letter and must include your name, mailing address, date of birth, the email address associated with the iPic membership account from which you posted the applicable User Account, and information sufficient to identify the User Content that is the subject of your removal request. In some cases, we may remove only your Personal Information, but maintain the rest of your User Content. Note that removal of public postings does not ensure complete or comprehensive removal of the content or information posted.
Information iPic Collects Automatically When You Access The Services
We and our third party service providers, including analytics providers and third party content providers, may automatically collect certain "Usage Information" whenever you access and use the Services. "Usage Information" typically includes the browser and operating system you may be using, the URL or advertisement that referred you to our Services (if applicable), the search terms you entered into a search engine that lead you to our Services (if applicable), all of the areas within our Services that you visit, and the time of day you used the Services, among other information relating to your use of the Services. We may use Usage Information for a variety of purposes, including to analyze and improve our Services and products, to provide special offers, and to select appropriate content to display to you.
In addition, we automatically collect your IP address or other unique identifier ("Device Identifier") for any computer, mobile phone, tablet or other device you may use to access the Services. A Device Identifier is a number that is automatically assigned or connected to the device you use to access a Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the Device used to access a Service. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.
The methods used to collect Usage Information may include the following:
Cookies: A cookie is a data file placed on your computer or other device when you visit the Services or otherwise access our online content. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences, tracking your visits to our web pages, and facilitating your check-out and purchases. A Flash cookie is a data file placed on a device via the Adobe Flash plug-in that may be built into or downloaded by you onto your device. We employ Adobe Flash cookies in certain situations where we use Flash to provide some content such as video clips or animation. We do not use Flash cookies to serve interest-based advertising. For more information about Flash and the privacy choices Adobe offers, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html. If you choose to disable cookies or to adjust your Flash privacy settings on your device, some features of the Site may not function properly.
Web Beacons: Web beacons (also known as "1x1 GIFs" or "clear GIFs") are small graphic images or other web programming code that may be found within our Services and our communications with you. Web beacons are used to recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, and to count whether an e-mail we sent was opened.
An Embedded Script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Services.
In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
HOW WE RESPOND TO "DO NOT TRACK" SIGNALS
Please note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services that you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, iPic does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
HOW WE USE THE INFORMATION WE COLLECT
We use information about you, including Personal Information and Usage Information, to: (1) process your registration or a transaction you initiate, including verifying information you provide is active and valid; (2) enable you to use the Services and allow you to participate in features we offer; (3) fulfill transactions and process orders and payments; (4) provide customer service (for example, to respond to your questions, complaints or comments); (5) send you information regarding iPic and our products and services or information from us relating to a third party; (6) tailor content, recommendations and offers we display to you, both on the Services and elsewhere online; (7) improve the Services and our products, and for internal business purposes; 8) contact you with regard to your use of the Services and, in our discretion, changes to our policies; (9) assess your employment application for a position with iPic (or an entity related to iPic) and prepare related governmental and internal statistics reports and (10) as described in this Privacy Policy and for purposes disclosed at the time you provide your information or otherwise with your consent.
INFORMATION SHARING
iPic does not share your Personal Information with third parties for their marketing purposes unless we first provide you with the opportunity to opt-in to or opt-out of such sharing. iPic may share non-Personal Information, such as aggregate user statistics, demographic information and Usage Information with third parties at its discretion, including advertisers, content providers, and analytics providers; and third parties may collect non-Personal Information when you visit the Services. We also may share your Personal Information with third parties with your consent, as disclosed at the time you provide us with information, and as described below or otherwise in this Privacy Policy:
1. When You Request That We Share Your Information. We may offer opportunities and features through the Services that are brought to you by a third party or that otherwise involve sharing your information with a third party. If you request or agree at that time to have your information shared (i.e., if you "opt-in" or do not "opt-out"), your information will be disclosed to that third party (or parties) at that time and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an interactive feature, a widget or third party application, that we share information about you with a third party and we will typically do so under those circumstances.
2. Service Providers. We may use third parties to perform certain services on behalf of iPic or the Services, such as fulfilling and processing orders, tracking analytics, sending email or other communications, or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing. If you purchase any products or services, our billing partner will receive billing and financial information (e.g., credit card numbers) necessary to process your charges, including your postal and e-mail addresses, depending on your payment method and the purchase.
3. Legal Compliance & Security. We may disclose information, including Personal Information, when required by law or to comply with legal process or a subpoena or at the request of a governmental entity conducting an investigation; to defend our rights; to provide information to a claimed owner of intellectual property who claims that content you have provided to us infringes on their rights; to defend any applicable Terms of Use or other policies applicable to the Services; or to protect the personal safety, rights, property or security of any organization or individual. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion. These disclosures may be carried out without notice to you.
4. Business Transitions. iPic may share Personal Information with its subsidiaries and affiliates, primarily for business and operational purposes. iPic reserves the right to disclose and transfer all information related to the Services, including Personal Information, if it goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, bankruptcy, or other corporate change, including, without limitation, during the course of any due diligence process.
5. Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions ("Promotion") that may require registration. By participating in a Promotion, you are agreeing to governing terms, conditions or official rules, which may contain specific requirements of you, including allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information, such as your name and shipping address, may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
6. Employment Applications. If you apply for a job through the Site, iPic may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission ("EEOC") and other federal, state and local regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide such information, iPic or its service provider may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints.
THIRD PARTY AD NETWORKS, ANALYTICS PROVIDERS AND SIMILAR THIRD PARTIES
Although the Services currently do not display ads from third parties, we work with network advertisers, ad agencies, third party traffic measurement services and other vendors to provide us with information regarding traffic on the Services, to serve our advertisements on other web sites, within third party applications, and other places online, and to provide us with information regarding the use of the Services and the effectiveness of our advertisements. For example, if you clicked on an iPic advertisement that led you to our Services, our service provider(s) may be able to tell us which iPic advertisement you clicked on and where you were viewing the advertisement. One such service provider that we use is Google and its Google Analytics service. As part of our relationship with Google, we may use some or all of the Google Analytics Advertising Features described here.
These service providers may set and access their own tracking technologies on your computer or mobile device (including cookies and web beacons) and may otherwise collect or have access to information about your visits to and activity on the Services, as well as other web sites or online services. Some of these third parties may collect personal information from you over time when you visit the Services or other websites and services. Cookies and web beacons, including those set by third party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors with third party advertising companies, analytics providers and other vendors for similar purposes. Cookies and other tracking technologies used by these third parties may be integrated with our own first-party cookies in order to permit our servicer providers to provide us with information regarding site visitors and perform other services they perform for us.
While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative ("NAI") or the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the "opt-out" procedures of NAI members, and http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies in the DAA Self-Regulatory Program. You may also wish to download the AppChoices app onto your mobile device, which will allow you to make certain choices regarding collection of information on your device by certain parties for the purpose of targeting advertisements you receive within apps on your mobile device. You may further wish to visit Google's Ad Settings page (http://www.google.com/settings/ads), which provides information regarding "opt-out features offered by Google.
Please note that these companies may still collect information when you are online and opting out through these mechanisms does not opt you out of being served advertising. You will continue to be served generic ads while online.
UPDATING YOUR ACCOUNT INFORMATION
You are responsible for maintaining the accuracy of the information you submit to us. You may review and update the information you have provided to us within the "your account" feature on the Services, by calling us at (561)886-3232, or by writing to us at iPic Theaters, Attn: Privacy Dept., 433 Plaza Real Boulevard, Suite 335, Boca Raton, FL 33432. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Note, however, that information may persist internally for administrative purposes and that residual data may remain on backup media or for other reasons. If you have made any public postings on or through the Services, such as in a community forum, these communications generally will not be removed; we reserve the right to undertake traditional editorial functions concerning the content available through the Services.
THIRD PARTY CONTENT, LINKS TO OTHER SITES, AND IPIC CONTENT FOUND OUTSIDE OF THE SERVICES
Certain content provided through the Services may be hosted and served by third parties, which may include third party widgets (such as those that allow you to "like" or "share" content with third party web sites and online services). In addition, the Services may link to third party web sites or content and iPic content and widgets may be included on web pages and web sites that are not associated with us and over which we have no control. These third parties may independently collect data. iPic is not responsible for the privacy practices or business practices of any third party.
SECURITY
iPic takes commercially reasonable security measures to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, when you enter certain Personal Information, such as a credit card number and CCV2 number on our checkout forms, that information is encrypted using secure socket layer (SSL) technology, to help protect the communications between you and our payment partners. However, no method of electronic transmission or method of electronic storage is 100% secure. Therefore, we cannot guarantee the security of any information you submit and you do so at your own initiative and risk.
CONSENT TO TRANSFER
The Services are operated in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Services, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
CHANGES TO THIS PRIVACY POLICY
iPic reserves the right to change or modify this Privacy Policy in its discretion at any time and will notify you of material changes by posting the changed or modified Privacy Policy on the Services. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy (unless otherwise specified) and your continued use of the Services after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy) will constitute your consent to those changes. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.
QUESTIONS OR COMMENTS
If you have questions or comments about this privacy policy, please contact us through the applicable form available through the Services or contact us at:
iPic Theaters
Attention: Privacy Department
433 Plaza Real Boulevard, Suite 335
Boca Raton, FL 33432
CALIFORNIA RESIDENTS – YOUR CA PRIVACY RIGHTS
Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties' direct marketing purposes. Alternatively, the law provides that a company may comply, as iPic does, by disclosing in its privacy policy that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties for those third parties' direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, iPic provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you opt-out at the time iPic offers that choice, iPic does not share your information with that identified third party for its direct marketing purposes.
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to us at the following mailing address: iPic Theaters, Attention: Privacy Department,?433 Plaza Real Boulevard, Suite 335, Boca Raton, FL 33432. You must put the statement "Your California Privacy Rights" in your writing. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Please note that we are only required to respond to one request per person each year.