Privacy Policy

Effective Date: June 7, 2019

This Privacy Policy (“Policy”) describes what personal information (“information”) Digital Store LLC and its affiliate and subsidiary companies (collectively, “Shudder,” “we,” “our,” or “us”) collect about you (referred to in this Policy as “you,” “your” or “yourself”), how we use and share that information, and the choices you have about our information collection and processing in connection with your use of the Shudder Services (defined below). You can find our address and other contact information in Section 12 below.

1. SCOPE OF THIS POLICY?

“Shudder Services” means the services provided and made available by us in connection with your browsing and viewing of Shudder multimedia (such as movies and television shows) (“Content”) through Shudder websites, applications, or other interfaces and platforms (“Sites”). The Shudder Services also include any other technologies, features, and content we may provide or use on the Shudder Sites. This Policy is incorporated into the Shudder Terms of Use (“Terms of Use”) which can be found here: https://www.shudder.com/terms.

It is designed to inform you about how and why we collect, manage, retain, use, and share information related to you and your use of the Shudder Services.

2. CHANGES TO THIS POLICY

We may change this Policy from time to time. If we make changes, we will post the new version here and revise the “Effective Date” above. If we make any material changes to this Policy, we will also notify you by email, by means of a notice on the Shudder Services, or by other reasonable means. We encourage you to review the Policy whenever you use our Shudder Services to stay informed about our information practices and the choices available to you.

3. INFORMATION COLLECTED

Information you provide to us:

You may be required to submit information to us. For example, the process of creating or editing your user profile may require you to provide us with a name, e-mail address, phone number, physical address (including postal code), password of your choice and cable provider; if you do not provide your name or other identifying information, we may not be able to respond to your inquiries or post your content; and if you do not provide us with your username and password, you will not be able to access your online account.

When you personalize your profile and use the features of the Shudder Services, we will collect any information you voluntarily provide, and we may also request optional information to support your use of the Shudder Services, such as a profile picture and birthday. When you contact us for customer support, we collect the details of our communications, including the date and time of our communications and your reason for contacting us. Additionally, we collect any information that you voluntarily enter into any postings, comments or forums within the Shudder Services, including private messages you send to other users of the Shudder Services. If you e-mail us, we will collect your e-mail address and the full content of your e-mail, including attached files and other information you choose to provide to us.

Information We Collect Automatically From Your Devices:

When you use or access Shudder Services, we collect certain information about your device and your use of the Shudder Services automatically.

For example, we collect information about the device you use to access the Shudder Services, including hardware model, operating system and version, Internet Protocol (“IP”) address and other unique device identifiers, mobile network information and information about the device’s interaction with our Shudder Services. We also collect information about how you use Shudder Services, including your access times, browser types, and language preferences. We collect information about whether you have opened or clicked on links in our HTML emails. This type of data enables us to understand how often individuals use parts of the Shudder Services so we can analyze and improve them.

We collect this information using cookies (i.e., small pieces of electronic information stored by your internet browser software on to your computer’s hard drive), web beacons (i.e., small pieces of data embedded in images on the Shudder Services), and similar technologies. We use the information collected via these tools to understand which Content, User Content (as defined in Section 10 below), marketing and advertisements, you have seen or accessed and to help us identify unique users to our Shudder Services. We use and access cookies to enable us to provide you with personalized Content, User Content and advertising so that we can customize areas of the Shudder Services based on your activities and inferred interests.

Please see our Cookies and Tracking Technologies Policy (“Cookies Policy”) for more information about our use of these technologies and the choices you may have. Our Cookies Policy can be viewed here: https://www.shudder.com/cookies.

Location Information:

We collect different types of information about your location, including general information, such as the city, state and/or postal code associated with your IP address, and, if you agree, more specific location information that is provided through the GPS functionality on mobile devices used to access the Shudder Services.

We may use such location information to customize the Shudder Services, including advertising that is presented to you. For example, if you provide a postal code that indicates that you live in a particular city, the Shudder Services may be customized with information, features, or advertisements specific to that city. In order to do this, your location information may be passed along to our affiliates, agents, vendors or advertisers as described more fully below.

If you do not want your device to provide us with location-tracking information, do not agree to allow your device to share this information with us or disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. Your device manufacturer may provide instructions on how to disable GPS or other location-tracking functions. If you initially consent to the collection of location information, you can subsequently stop our collection of location information at any time by changing the preferences on your mobile device or by uninstalling the application from your mobile device by following the standard uninstall process to remove applications from your device.

Payment Information:

If you purchase a product or service through the Shudder Services, our third-party payment processors will collect the billing and financial information they need to process your charges. This may include your postal address, email address and financial information. The processing of that information will be governed by the processor’s privacy policy. We do not directly collect or store your financial information, like credit card numbers. However, our third party payment processors may share non-financial information with us related to your purchases, like your name, shipping address and items purchased in order to fulfill your order.

Additional Information Collection Practices:

Some parts of the Shudder Services contain embedded content or links to content controlled by third parties. Those third parties may collect information about you when you access their content.

Should you choose to access such third-party content, you should review their privacy policies to ensure you understand and are comfortable with their practices concerning your information. We do not accept, and disclaim, any responsibility for the privacy policies and information collection, use, and sharing practices of any third party website (whether or not such site is linked on or to the Sites). These links are provided to you for convenience purposes only, and you access them at your own risk.

We obtain information about you and your use of the Shudder Services from third parties like web hosting providers, analytics providers, social media platforms, data suppliers, and advertising services.

The information we collect in this manner includes your known or inferred age, gender, contact information, information about your demographics and interests, and information about the devices you use to access online services.

We may combine the information you provide us and information we automatically collect with information that we collect from public or third-party sources. Analytics providers and advertising services may analyze the information they collect from online and other sources to provide us with inferences information about your demographics and interests, such as your age range and the types of products or services that may interest you. You may give us permission to access your information, including personally identifiable information from services offered by third parties, including social media networks. For example, to access the Shudder Services, you may choose to login using your social media credentials, which allows us to obtain information from your social media account, such as your friends or contacts, profile picture, birthdate, gender, or other profile-related information and any other information you have opted to share via the platform. Some of this information may be sensitive information, such as information about your ethnicity, political opinions or religious beliefs. The information we obtain from such third party services depends on your account/privacy settings with those third parties and the third parties’ privacy policies.

We collect, store, use, and share the information we collect from third parties in accordance with this Policy.

4. HOW WE USE YOUR INFORMATION

We use the information we collect to provide you with services in accordance with the contracts we may have with you, to communicate with you, and to manage and improve our services, as permitted by applicable laws.

We use your information to:

  • provide you with services so that we can meet our contractual obligations to you. If the services are not governed by a contract, we use your information to meet our business interests in providing quality services to you;
  • respond to your requests for information, on the basis that it is in our business interests to respond to your requests, and you have requested that we do this;
  • process transactions, as necessary to meet our contractual obligations to you;
  • improve the Shudder Services and learn about how visitors use the Shudder Services. This is necessary for us to improve the content and features we offer through the Shudder Services, and benefits you as it helps us make the Shudder Services more usable and appealing;
  • communicate with you about our products and services, including behavioral advertising, and providing you with information about features on the Shudder Services and possible changes to our Policy or Terms of Use. If required by applicable law, we will only send messages on the basis that you have consented, or otherwise it will be to meet our business interests in providing information to you about new products and features. You can opt out of receiving marketing communications at any time;
  • communicate with you about third-party products and services that may be of interest to you, including via behavioral advertising. If required by applicable law, we will only send messages on the basis that you have consented, or otherwise it will be to meet our business interests in expanding our business opportunities and providing information to you about interesting products and services. You can opt out of receiving marketing communications at any time;
  • make inferences about your interests, as necessary to meet our business interest in expanding our business opportunities and learning how to make our services more relevant to you and other uses;
  • comply with legal obligations; and
  • protect our rights, your rights, and the rights of others, as this may be necessary to meet our own high standards of business practice.

We may use aggregated and/or de-identified data or other data that does not constitute personal data under applicable laws for any purpose, including, without limitation, in statistical analyses to help us analyze patterns in the use of the Shudder Services.

When we analyze the information we collect for advertising, marketing, security, and fraud prevention, we use automated processes to identify or predict potential risks or outcomes.

For example, we may use the information you provide us and information about your online activities to infer your interests. And we use those inferences to support automated decisions about the content, recommendations, and offers we present to you on our digital properties. We use automated tools to identify suspicious activities associated with the Shudder Services (e.g., multiple logins from different locations within a short period of time). These automated processing activities will not, without human intervention, have legal or similar effects for you.

5. HOW WE SHARE INFORMATION

We may disclose information when you ask us to do so or otherwise consent to the disclosure. If you would like to withdraw your consent that you may have provided, please use the mechanisms that may have been presented to you at the time we obtained your consent or contact us via the channels listed below.

We share information with third parties that act on our behalf in association with the operation of the Shudder Services or associated activities.

Except as otherwise disclosed in this Policy or as otherwise communicated to you, we take reasonable steps to require these companies to collect, store, use and share information about you only on our behalf and in accord with this Policy. Service providers include web hosting providers, email services, payment processors, shipping providers, advertisers and data storage providers. We share information with service providers as permitted by law, including on the basis that it is necessary to meet our legitimate interests in efficiently managing our business and for developing future business.

We will share information about you with third parties when you engage in certain activities on the Shudder Services that are sponsored by third parties. For example, you may choose to purchase products or services offered by a third party or elect to receive information or communications from a third party. When you engage in such third-party, co-sponsored, or co-branded offerings, we may share information (e.g., your e-mail address) with third parties in association with the offerings.

We disclose this information to third parties for the purposes and on the basis described above (see Section 4), for example, to process your transactions and to respond to your requests for information or communications from third parties.

We engage third-party analytics providers to help us understand how users engage with the Sites. These third parties may use cookies and similar technologies to collect information about your use of the Sites as well as information about your use of other websites over time.

The third-party services we use include, but may not be limited to: Google Analytics and Adobe, which may provide you with choices about how they collect and use information. We share information with analytics providers as permitted by law, including on the basis that it is necessary to meet our legitimate interests in efficiently managing our business and for developing future business. Information on how Google collects and processes data can be viewed at https://policies.google.com/technologies/partner-sites (or any other link Google may provide from time to time).

From time to time, we share your information with our affiliates and subsidiaries, or with our other entities in connection with the purposes described in Section 4 above.

We may disclose information when we believe in good faith that such disclosures:

  • are required by law, including, for example, to comply with a court order or subpoena, or in response to a law enforcement agency's request;
  • will help to protect our rights or enforce our Terms of Use;
  • will support our detection, prevention, or response to fraud or intellectual property infringement;
  • will help protect your safety or security, including the safety and security of property that belongs to you;
  • are necessary to provide the Shudder Services to you or fulfill your requests; and
  • will protect the safety and security of the Shudder Services, databases, and/or third parties, including the safety and security of tangible and/or intangible property that belongs to us or to third parties.

We may also share information about you to the extent reasonably necessary to proceed with the consideration, negotiation, or completion of a merger, reorganization, or acquisition of our business, or a sale, liquidation, or transfer of some or all of our assets.

The above-described disclosures are provided on the basis that they are either necessary to comply with our legal obligations or they are necessary to meet our legitimate interests in managing our business efficiently and for developing future business.

Additionally, we reserve the right to share with third parties information that does not identify you (and cannot be combined with other information accessible to us to identify you) for any purpose.

6. RETENTION OF INFORMATION

We will retain your information which identifies you as an individual for only as long as necessary to achieve the purpose for which it was collected.

When deciding how long to keep your information, we take into account how long we need to retain the information to fulfill the purposes described above and to comply with our legal obligations, including obligations to financial services regulators. We may also retain information to investigate or defend against potential legal claims in accordance with the limitation periods of countries where legal action may be brought.

7. SECURITY

We have implemented commercially reasonable technical, administrative, and physical security safeguards to protect the information that we collect or receive against loss, and unauthorized access, use, modification and disclosure. From time to time, we review and consider updates for our security procedures. Please be aware that, despite our ongoing efforts, no security measures are perfect or impenetrable.

8. IF YOU ARE UNDER 18

If you are under the age of 18 you are not permitted to register with or receive Shudder Services or provide us with any personal information. You are otherwise entitled to use the Shudder Services with the permission of your parent or guardian.

9. YOUR CHOICES AND RIGHTS

If you no longer wish to receive marketing materials from us, you can let us know by contacting us at privacy@shudder.com or by clicking the 'unsubscribe' link or using other unsubscribe features that we provide in our marketing communications.

Subject to local law, you may have certain additional rights regarding your information.

These may include the following rights to: access your information; rectify the information we hold about you; erase your information; restrict our use of your information; object to our use of your information (as described above); receive your information in a usable electronic format and transmit it to a third party (also known as the right of data portability); where practicable, deal with us on an anonymous basis, or using a pseudonym; and lodge a complaint with your local data protection authority, and withdraw any consent you have given to uses of your information. If you would like to discuss or exercise the rights you may have, feel free to contact us at privacy@shudder.com.

Please see our Cookies Policy for information about choices you may have regarding the processing of information collected via Cookies and similar technologies.

10. CHATROOM, FORUMS, COMMENTS, AND OTHER USER CONTENT

We remind you that chat rooms, forums, comments and areas of our Shudder Services that allow you to submit user content (“User Content”) on our Shudder Services are for public viewing and discussion. Any information supplied by you in the public areas of the Shudder Services is widely accessible and disclosed publicly to other users of such areas.

11. INFORMATION PROCESSING

We process information collected via the Shudder Services in and subject to the laws of the United States, which may not provide the same level protection for your information as your home country. The information may be available to the United States government or its agencies under a lawful order made in the United States. In addition, we may transfer your information outside the United States to our affiliates, business partners, and service providers located in other countries.

In some cases, your information may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for information under European Union or other applicable laws. However, we have put in place appropriate safeguards (such as standard contractual clauses approved by the European Commission) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place or to obtain a copy, please contact us at privacy@shudder.com.

12. CONTACT

If you have questions or concerns about our Policy, please contact us at: privacy@shudder.com.

Shudder LLC
C/O Privacy
11 Penn Plaza
New York, NY 10001

AMC Networks International - Iberia
C/O AMCNI European Data Protection Officer
Calle Saturno 1 - Pozuelo de Alarcon
28224 Madrid
dpo@amcnetworks.com

13. INFORMATION ABOUT SOCIAL PLUGINS

Our Shudder Services may make use of social network plugins. When you use a Service that contains plugins, information may be directly transferred from you to the operator of a social network. For information about the social network operators of plugins used in our Shudder Services, please see below:

Facebook: Data Controller: Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, 2 Dublin, Ireland. For more information about Facebook’s privacy practices, please review their privacy policy here: https://www.facebook.com/policy.php.

Google+: Data Controller: Google, Inc., Ampitheater Parkway, Mountain View, CA94043, USA. For more information about Google’s privacy practices, please review their privacy policy here: https://policies.google.com/privacy?hl=en

Twitter: Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. For more information about Twitter’s privacy practices, please review their privacy policy here: https://twitter.com/en/privacy