Effective Date: 30 July, 2022
1. WHAT IS THE SCOPE OF THIS POLICY?
2. WILL THIS POLICY EVER CHANGE?
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 determine that the changes may have a material impact on you, we may take additional steps to notify you and, where required by law, obtain your consent. We encourage you to review the Policy whenever you use the Services to stay informed about our information practices and the choices available to you.
3. WHAT INFORMATION IS COLLECTED ABOUT ME?
Personal Information You Provide to Us
When you access, use, or register for the Services, or interact with us in other ways (including at our events or by contacting us directly), you may provide us with personal information. That includes, for example, personal information that you provide when subscribing to the Services, creating or updating an account, customizing your profile, making purchases, signing up to receive newsletters, posting ratings or comments, setting viewing preferences or parental controls within the Services, or communicating with us.
We may sometimes require you to provide personal information in order to access or receive information or Services from us. For example, you may need to provide your payment card information in order to subscribe to certain services, and you will need to provide your email address in order to receive our newsletters or create an account. We will let you know when we require your personal information, and we will inform you of the consequences for not providing the information.
You also may voluntarily share personal information with us, such as when you communicate with us, post comments via the Services, or upload your photograph or other information to personalize your account profile.
The information you provide us includes:
- identifiers (e.g., name, date of birth, postal or email address, phone number, account username and password, photograph);
- transactional information (e.g., cable provider, Services you subscribe to, content viewed, as well as your subscription dates and prices paid);
- content preferences (e.g., watch lists, preference settings, content limitations based on parental controls or other mechanisms);
- financial information (e.g., credit card information, payment history);
- communications content (e.g., your product ratings, comments, or questions submitted to us);
- location information (such as addresses you provide) and
- demographics (e.g., age gender, household information, education, occupation, and content preferences).
Personal Information We Collect Automatically
When you use, access, or otherwise interact with the Services, we automatically collect certain 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 Services), and similar technologies, collectively “Cookies.” The information we collect with Cookies includes:
- identifiers (e.g., device type, hardware model, operating system and version, Internet Protocol (“IP”) or MAC address, advertising identifiers (from mobile devices, tablets, and streaming media devices that include such identifiers), device IDs or other unique identifiers);
- internet or other electronic activity information (e.g., how you interact with our electronic communications (such as email, push notifications, and text messaging), how you interact with the Services (such as access times, content viewing patterns, language preferences, browser types and versions, and information about the sites or services that directed you to Shudder Services), how you use the Services (such as browsing activities, title selections, and search queries);
- inferences about your preferences and characteristics derived from online activities; and
- location information as inferred from your IP address or other network information
Personal Information We Obtain From Third Parties
We also receive your personal information from other sources. The personal information we receive from these third-party sources includes identifiers, demographics, internet or other electronic network activity information, location information, and inferences regarding your preferences or other characteristics. Specifically, we receive such information from these types of third parties:
- Location resources. We engage service providers to help us determine your location from your IP address or other information to customize our services to your location and for other purposes addressed in this Policy;
- Business partners. We may work with business partners that provide platforms on which Shudder content is offered (e.g., cable providers, connected television platforms, and online video platforms that are not operated by us), which collect and handle personal information subject to their own privacy policies. We also may work with partners that help us conduct events or promotions. These partners may share certain personal information with us, which we will handle in accordance with this Policy;
- Payment processors. We engage payment processors to assist in handling the transactions you make via the Services. These companies may provide us with personal information about your transactions (e.g., last four digits of payment card, date of approved payment, amount paid) as well as personal information that we need to fulfill your order (e.g., name, shipping address, items purchased);
- Online and offline data providers. These companies provide us with demographic information, information about your online activities or interests inferred from those activities, inferences regarding the various devices you may use to access the Services or other online services; and other personal information (e.g., inferred age, gender, contact information, device data, types of products that may interest you);
- Social media platforms. You may be able to log in to certain Services using certain social media credentials or use certain social media tools (e.g., like or sharing tools) on the Services. When doing so, the social media platforms may provide us with certain personal information (e.g., friends or contacts, profile picture, birthdate, gender, other profile-related information). Please note that the personal information we receive from social media platforms depends on your account/privacy settings with those platforms and those platforms’ privacy policies; and
- Gift purchasers. When other individuals purchase Services for you as a gift, we may require them to provide us with personal information about you in order for us to deliver the gift to you (e.g., email address). Please note that we may collect personal information from you in our initial correspondence (e.g., through Cookies in emails) and we may require you to provide, or otherwise collect, personal information in order to provide you with the requested Services, as described above.
4. HOW AND WHY WE USE YOUR INFORMATION
We use your personal information, as permitted by applicable law, primarily to:
- operate the Services, including providing you with the content you request, which may be necessary to fulfill our contractual obligations to you. If the Services we provide to you are not governed by a contract, we use your personal information to meet our legitimate interests in providing quality Services to you;
- process transactions, as necessary to fulfill our contractual obligations to you;
- improve the Services and learn about how visitors use the Services. For example, we aim to improve the Services by creating content, features, and interfaces that reflect consumer interests as inferred by user activity. We do so in order to further our legitimate interest in offering services, content, and products that are appealing and useful to you and others;
- respond to your requests for information, which supports our legitimate interests in providing excellent customer service and which may be necessary to enter into contracts with you or to fulfill our contractual obligations to you;
- comply with legal obligations, such as those involving content restrictions, records of marketing opt outs, and legally required notices; and
- protect our rights, your rights, and the rights of others, as it is within our legitimate interests to meet our standards of business practice.
We may also use your personal information, as permitted by applicable law, for additional purposes, including to:
- communicate with you about our content, products and Services, or the products and services offered by third parties, such as information about content and features on the Services, new releases, or available streaming platforms. If required by applicable law, we will only send such marketing messages on the basis that you have consented. Where consent is not required and where we have not obtained consent, we send such marketing communications to fulfill our legitimate interests in promoting our products and services. You can always opt out of receiving marketing communications by following the steps described in Section 8 below;
- learn or make inferences about your interests in order to fulfil our legitimate interests in identifying how to expand our business opportunities and deliver the content, services, and features, that you wish to use and interact with;
- customize the content presented to you via the Services or in our communications. For example, we may use information about your general location to present local content to you. Or we may use the inferences we have drawn about your interests to provide personalized recommendations, marketing, or other content to you via the Services. We do so subject to your consent where required or to fulfill our legitimate interests in providing you and other users with relevant content and information, thereby making the Services more appealing.
- deliver targeted advertising relating to our Services or products, or those of third parties. For example, if you view certain content on the Services, we may deliver ads related to that content on the Services or other online platforms. And we or third parties may collect information about your online activities over time and across various online services to infer your interests. We may use that information to deliver relevant advertising to you on the Services or other online platforms. We do this to fulfill our legitimate interests in expanding our business opportunities by providing you with information about products, offers, and services that may interest you and, where required, we do so based on your consent. For more information about interest-based advertising and the choices you may have, please see our Cookies Policy.
Please note that in jurisdictions where legitimate interests are not recognized as a lawful basis for processing personal data, Shudder generally obtains consent.
In addition to the data uses identified above, we may aggregate or mask information we have collected so that it no longer reasonably identifies you, and we may use and disclose such information for any purpose, including without limitation in statistical analyses to help us analyze patterns in the use of the Services.
When we process information to further our legitimate interests, we take steps to balance those interests with yours. Please contact us via the channels listed in Section 8 for more information.
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 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 DO WE SHARE INFORMATION?
We share your personal information for our operational business purposes, including with other organizations that act on our behalf in connection with operating our business and the Services. The recipients include:
- Our affiliates. We are part of the Digital Store LLC (“Digital Store”) entities and may share your personal information among our group entities in order to provide you with access to various Services, to provide a consistent experience across various Digital Store entities’ websites and applications, to learn about your interests, to identify new content and services that may be of interest, and to deliver relevant or interest-based content and communications. We do so to meet our legitimate business interests in providing consistent and efficient operations across the Digital Store entities and to expand our business opportunities, or, where required, upon your consent.
- Service providers. We engage service providers to assist us in providing the Services and conducting other business operations. For example, we may use service providers to store our digital content, deliver marketing communications, personalize and optimize the Services, analyze data about users’ interactions with our services, administer and process surveys or other research, process transactions, or to collect debts.
- Advertising companies. We engage third parties to help us draft and distribute marketing, advertising, and other communications. We may share information with these companies to determine the appropriate content for these communications as well as to deliver the communication to you. We share this information to further our legitimate interests in developing relevant advertising or, where required, upon your consent;
- Third parties as required by law. We will share your personal information to comply with laws to which we are subject. For example, we may share your personal information in response to a court order or subpoena, or in response to a valid request from law enforcement.
The disclosures referenced above involve the following categories of information:
- transactional information;
- financial information;
- communications content;
- content preferences;
- location information;
- inferences about your preferences or other characteristics; and
- internet or other electronic activity information.
We may share any of the information we collect 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. It is in our legitimate interests to manage our business through legitimate corporate transactions.
We share information pursuant to your instructions or to satisfy your requests.
- Business partners. We will share information about you with third parties when you engage in certain activities on the Services that are sponsored by third parties. For example, you may choose to purchase content or products 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 in order to fulfill our contractual obligations to you, or otherwise for our legitimate business interests in providing the most interesting events and offerings to our users and in developing future business.
- Third parties you select to receive information. We may enable you to share personal information about your activities or experience with the Services via email, text message, social networking, or other sharing functions. We share this information based on your consent.
- Social media platforms. In addition to us receiving personal information from social media platforms, as discussed in Section 3 above, we may also share your personal information with social media platforms. For example, when you log in to your Shudder account using social media credentials, when you interact with social media tools on the Services, or when you visit the Services while logged into social media accounts, the social media platform may collect information about your interactions with the Services.
- User content. Various areas of the Services allow you to submit user content, such as ratings and reviews, comments, questions, and forum discussions. Any information supplied by you in these public areas of the Services is widely accessible and available to the public. We are not responsible for the information you voluntarily publish for public viewing through any Services. We may share this information based on your consent, or else in furtherance of our legitimate business interests in providing an interactive experience for our users and in developing future business, for compliance with court orders and competent authorities' requests.
We disclose personal information to third parties that may use the information for their own business purposes. These third parties provide us with services, insights, or other valuable consideration. California law treats these disclosures as “sales” even if no money is exchanged. We disclose the following categories of personal information to marketing service providers, analytics companies, advertising networks, social media platforms and other third parties for valuable consideration:
- transactional information;
- content preferences;
- location information;
- inferences about your preferences or other characteristics; and
- internet or other electronic activity information.
Sharing and Disclosure of Information:
|Categories of Personal Information||Categories of third parties to whom we may disclose personal information for our business or other permitted purposes.||Categories of third parties to whom this information may be sold.|
|Identifiers||Group Companies, Service Providers, Government Authorities||Advertising and Analytics Partners|
|Online activity information||Group Companies, Service Providers, Government Authorities||Advertising and Analytics Partners|
|Location information||Service Providers||Advertising and Analytics Partners|
|Inferences regarding preferences or other characteristics||Group Companies, Service Providers||Advertising and Analytics Partners|
|Transaction information||Service Providers||None|
|Payment information||Service Providers||None|
|Audio, electronic, visual, olfactory, or similar information||Group Companies, Service Providers||None|
When we share information to further our legitimate interests, we take steps to balance those interests with yours. Please contact us via the channels listed in Section 8 for more information.
6. RETENTION OF INFORMATION
We retain your personal information for as long as is necessary to carry out the purposes set out in this Policy, unless a longer retention period is required by applicable law or is necessary for us to protect our rights. We keep your personal information for as long you maintain a Shudder account or subscription. When your account or subscription is over, we may retain certain personal information for purposes such as complying with our legal obligations, resolving disputes, preventing fraud or misuse of promotions, and protecting our rights and interests. We may be legally obligated, for example by tax and sales laws, to retain personal information related to product or subscription purchases for a period of time specified by law.
We use reasonable technical, administrative, and physical security safeguards to protect the information that we collect or receive against loss and unauthorized access, use, modification, or disclosure. Please be aware that, despite our ongoing efforts, no security measures are perfect or impenetrable. Moreover, we are not responsible for the security of information that you transmit to us over networks that we do not control, including Internet and wireless networks.
8. YOUR CHOICES AND RIGHTS
If you no longer wish to receive marketing communications from us, you can let us know at any time by contacting us at email@example.com or by clicking unsubscribe links or using other unsubscribe features that we provide in our marketing communications.
Subject to local law, you may have certain additional rights regarding your personal information. For example, residents of the UK, Member States of the European Union and other countries (such as Mexico, Guatemala, and Panama) may have rights to: access personal information; correct personal information; request deletion of personal information; restrict our use of personal information; object to certain uses of personal information; receive personal information in a usable electronic format and transmit it to a third party (also known as the right of data portability); lodge a complaint with a local data protection authority; or withdraw any consent supporting uses or disclosures of personal information. If you have questions about the specific rights you may have, please contact us via the channels listed in Section 12.
If you reside in California and we have collected personal information about you, you may have certain rights with respect to that information, including the rights to: know about the processing of (i.e., access) your personal information (including the categories of personal information we collect, the specific pieces of personal information we have collected, the sources of such information, our reasons for collecting the information, and the categories of recipients); request that we delete your personal information (although we may be permitted by law to retain certain information for specific purposes); and to opt out of the sharing of your personal information for monetary or other valuable consideration , which you may exercise by clicking here: Do Not Sell My Personal Information. You may also request and obtain from us once a year, free of charge, a list of the categories of third parties to whom we have disclosed their “personal information” (as defined under California’s Shine the Light law), if any, for their direct marketing purposes in the prior calendar year, as well as the type of “personal information” disclosed to those parties. You may exercise these rights without fear of unreasonably being denied goods or services. We may, however, provide a different level of service or charge a different rate reasonably relating to the value of your personal information. If you would like to request access to or deletion of your personal information, please submit your request to firstname.lastname@example.org. In order to honor your request, we will ask that you provide an email address and contact information which allows us to confirm your identity and avoid fraudulent requests. We verify your identity by matching information you provide with our records. Please note that in the case of requests for deletion, we may need to retain certain personal information to comply with our legal obligations or for other permitted purposes. You also have the option to designate an authorized agent to submit a request on your behalf. Your authorized agent can submit your request to email@example.com. For requests through an authorized agent, we require a valid power of attorney or written and signed permission from you. If your authorized agent relies on your written and signed permission, we may need to verify your identity as described above and may contact you directly to confirm that the request is valid.
Subject to geographic availability of the Services, for instances where the Brazilian Data Protection Law applies (Law No. 13,709/2018), you may have the following rights (subject to some exceptions): (i) right of confirmation (right to confirm the existence of the processing of your data); (ii) right of access (right to information about whether and why we process your personal information and related information (for example, what personal information we are processing); (iii) right to correction (right to correct any inaccurate or incomplete personal information that we hold about you); (iv) right to anonymization, block, or erasure (right to ask us to anonymize, block or delete unnecessary or excessive personal information collected about you or processed in noncompliance with the LGPD); (v) right to data portability (right to ask us for a copy of personal information we hold about you and to transfer such data to another entity); (vi) right to deletion (right to ask us to delete your personal information, except where we have a legal right to store your data); (vii) right to information (you have the right to request information about other entities we have shared your personal information with or information about your right to deny consent and the consequences of such denial); (viii) right to revoke consent (you have the right to revoke your consent to the processing of your personal information at any time); (ix) right to complain (we encourage you to contact us at the contact information below if you have any questions or concerns with our personal information practices. However, you also have the right to complain to regulatory authorities in your jurisdiction); (x) right to opposition (when the legal basis for processing is not consent, you may object to the processing of your personal information if you believe that such processing is contrary to a particular aspect of applicable Brazilian law); (xi) right to review decisions (when applicable, you have the right to request a review of decisions made solely on the basis of automated processing of your personal information affecting your interests).
Please see our Cookies Policy for information about choices you may have regarding the processing of personal information collected via cookies and similar technologies.
9. DO NOT TRACK
We do not respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Policy. Visit www.allaboutdnt.org for more information on this developing area.
10. LINKS TO THIRD PARTY WEBSITES
11. WHERE IS INFORMATION PROCESSED?
We process information in and subject to the laws of the United States, which may not provide the same level of 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 applicable laws (such as those in the European Union, the UK, and Panama). When we conduct such transfers, we put in place appropriate safeguards (such as standard contractual clauses) in accordance with applicable legal requirements. For more information on the appropriate safeguards in place or to obtain a copy, please contact us at firstname.lastname@example.org.
12. HOW CAN I CONTACT YOU?
If you have questions or concerns about our Policy, please contact us at email@example.com or write to us at:
Digital Store LLC
Attn: Data Protection Officer
11 Penn Plaza
New York, New York 10001
AMC Networks International - Iberia
C/O AMCNI European Data Protection Officer
Calle Saturno 1 - Pozuelo de Alarcon
For Australian customers:
RLJ Entertainment Australia Pty Ltd
c/o Digital Store LLC
Attn: Data Protection Officer
122 Arthur St., Suite 1401
North Sydney, NSW 2060
13. INFORMATION ABOUT SOCIAL MEDIA PLUGINS
The 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 the Services, please see below: