(1) What Personal Information we may collect from you when you visit Shout Sites and/or use Shout Services;
(2) How we use, process and protect such Personal Information; andv(3) The rights, protections and choices you have regarding our use of, and your ability to review, correct and remove Personal Information.
“Shout Sites” refer to any website domain name registered to Shout, including, but not limited to:
We may collect and store Personal Information about you in connection with your use of the Shout Service, including any Personal Information you transmit to or through a Shout Site. We receive and store any data you enter on the Shout Service or provide to us in any other way, including but not limited to signing up for an account, making a purchase on a Shout Site, using the Shout Service directly or through one of Shout’s third-party providers, signing up to our marketing email mailing list, any communication with our customer service, or participating in our surveys, contests, sweepstakes and promotions. Even when we do not retain certain Personal Information, it may be transmitted to our servers initially and stored long enough to process such Personal Information. Some examples of Personal Information we collect are:
As mentioned above, any information you volunteer for the purpose of using a Shout Site or using a Shout Service can be collected, including:
(1) Required account set up details such as your name, email address, address or postal code, telephone number, password, birth date, payment authorization and any other information necessary to complete and record purchases and other transactions, as applicable;
(2) Optional information provided during the use of a Shout Site, including, if applicable, reviews or ratings submitted, taste preferences and personal interests, account/profile settings, and information provided via participation in contests, surveys and/or marketing promotions (including gender, occupation and income level);
(3) Your activity on a Shout Service, such as title selections, watch history, order history, search queries and schedules of use or information otherwise provided to us through a Shout Service or elsewhere, if applicable; and
(4) Communication data such as your interactions with our email, details of your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings.
Some of the above data is collected and logged by us automatically and anonymously (“Anonymous Information”), in order to make a Shout Site and the Shout Service more useful to you. Here are some other examples of Anonymous Information we collect which is not directly provided by you:
(1) Data Collected by Shout Servers: Shout’s servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (every device has a unique number, or IP Address, that is automatically assigned to your device when you use the Internet, which may change between sessions of use), your domain name, the date and time stamp of your visit, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, and clickstream data. We use this information to recognize and analyze trends, administer Shout Services, track our users’ movement throughout Shout Services, compile demographic information about our overall user base, and adapt Shout Services to our users’ needs.
(2) Cookies, web beacons, and advertising identifiers: Like most sites, Shout’s Services may use what are known as “cookies” in certain instances, or similar technology such as web beacons, and advertising identifiers, which may use small text files to store a randomly assigned ID and a website reference ID to make your device recognizable to Shout. This technology is generally not used to store Personal Information. Cookies and other similar technology, as they now exist or develop, are used by Shout to help remind us of our users’ identities and tailor Shout Services to reflect our users’ personal interests, estimate our audience size, process user orders, facilitate and track user involvement in any of our contests, sweepstakes and other promotions, and analyze the visiting patterns of our users.
(3) Device Information: If you use a Shout Service via a computer, phone, tablet or any other electronic device application or “App”, Shout may choose to collect Personal Information about the device you use to access the App, including your device’s hardware model, the name and version of your operating system, your MAC address, the unique ID of your device, and what mobile network you are using. Please note that Shout has no control over what Personal Information your device’s platform operator, such as Apple and Google, collects and uses. We suggest in addition to this document, you review your platform operator’s privacy policies to gain a better understanding of their own standards and practices regarding Personal Information.
Shout may ask for certain statistical data from you (including age, education and socioeconomic status) while performing surveys which will be purely voluntary and always subject to your express consent. All such information will be collected anonymously by Shout for marketing demographic knowledge only. At no point will Shout ask for or process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data relating to criminal convictions or data concerning a user’s sex life or sexual orientation.
We use your Personal Information in lawful, relevant, legitimate, ways to provide a wide variety of services at your request and better your experience with Shout Sites. Specifically, we might use your Personal Information for the following purposes, among others:
(1) Performing general services and functionality, such as creating an account for you, enabling you to subscribe to a Shout Service, managing our email suppression lists, processing your payments, confirming and tracking your order, subscription or registration, analyzing trends and statistics, providing updates and support where needed, administering prize draws and competitions which you choose to enter – including publishing the names of winners, if required, and tailoring the features, performance and support of our services to you (and your personalized recommendations);
(2) Determining your geographic location and demographic information, providing localized content, providing you with customized and personalized viewing recommendations for programming we think is compatible with your interests, determining your Internet service provider, and helping us quickly and efficiently respond to inquiries and requests;
(4) Providing technical support and sending service messages (for example, to let you know if a new version of one of our Apps is available, or if there will be any maintenance carried out on a Shout Service) and responding to your requests, resolving disputes and/or troubleshooting problems;
(5) Enforcing our rights and terms of service and prevent, detecting and investigating potentially prohibited or illegal activities, including fraud, and enforcing our terms (this may include preventing copyright infringement, protecting our customers against abuse, determining free trial eligibility and any number of important actions);
(6) Marketing our products and services (and those of third parties) to you that we believe may be of interest to you based on your browsing and viewing behavior and other demographic information we hold about you. This may also involve sending marketing materials to you, including content recommendations and special offers in accordance with your chosen marketing preferences/choices;
(7) Analyzing your use of a Shout Service, including user interface experiences, to help us to understand how the services are used, analyze and understand our audience, optimize content selection, recommendation algorithms and delivery, thereby improving the Shout Service for everyone. This may include inviting you to participate in surveys, user testing and panels;
(8) To serve you better, we may combine Personal Information you give us online via various Shout Sites and Shout Services. We use that combined Personal Information to enhance and personalize your experience with us, and to communicate with you about our products and events that may be of interest to you.
(9) In certain instances, we may disclose your Personal Information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Shout or to others. Shout may also disclose your Personal Information when we believe the law requires it, as further described in the Necessary Disclosures section below.
(10) We may also use your Personal Information to aggregate or anonymize certain information that we collect from you to create Anonymous Information records by excluding information that makes the information personally identifiable to you. We reserve the right to use Anonymous Information for any purpose, including but not limited to: (i) analyzing reviews and consumption behavior to improve our ratings; (ii) tracking logins to personalize your experience (including by tailoring content to you); and (iii) enhancing the Shout Sites or Shout Services and the content of our software.
We will mainly communicate with you via email. You can easily manage the frequency (or opt out completely) of receiving such communication by clicking the “unsubscribe” link at the bottom of any emails we send. Please note that we may send you important Shout Service-related communication (including information relating to your account, transactional communications, or substantive issues that may affect your experience with our services), even if you have unsubscribed to marketing communications.
(2) Third Party Tracking Services: Shout allows third-party tracking services such as Google Analytics to monitor Shout Sites and Shout Services which may involve the collection of Personal Information. If such Personal Information is tracked by third-party services, the information will be anonymous and for statistical and analytics purposes only unless further agreed upon by you. See our Advertiser Collected Data section above.
You can request access to your Personal Information, or correct inaccurate Personal Information by contacting email@example.com
Please remember that if you delete certain Personal Information you may not be able to continue to use Shout Services or access certain pages of a Shout Site without entering additional information.
You have the following choices regarding how Shout and third parties use certain Personal Information collected from or about you:
(1) Elect Not to Provide Personal Information. You may always choose not to provide Personal Information, even though it might be needed to make engage or subscribe to Shout Services, as applicable, or to take advantage of Shout Site features.
(2) Email. If you no longer want to receive certain communications from us via email simply click the “unsubscribe” link in the email.
(3) Interest-Based Ads. If you are using a browser or a mobile device, tablet, or streaming media device, then cookies, web beacons, and advertising identifiers can be used to collect information to help determine your likely interests via interest-based ads. You can set the preferences of your browser to inform you when cookies or web beacons are sent, which will provide you with an opportunity to either accept or deny them. Please review your browser settings and instructions (generally via a “Help” or “Settings” tab) to gain a better understanding of how to track and manage cookies. Note, however, that some of Shout Service operations and Shout Site pages and may not function properly if you choose to block certain cookies. To opt out of interest-based ads from Shout in connection with an advertising identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under “privacy” or “ads” in your device’s settings). Note that changing any of these settings does not prevent the display of certain advertisements to you that are not interest-based.
(4) Additional Choices for California Residents. We do not disclose your Personal Information to third parties for the purpose of directly marketing their goods or services to you (as compared to when the third party is acting on our behalf or you have provided your personal information as part of a co-promotion by Shout and the third party) unless you first agree to such disclosure. If you are a California resident, you may be entitled to request certain information regarding our disclosure, if any, of Personal Information (such as your name and contact information) to third parties who wish to contact you or send you promotional information about their products and services directly. If you are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please contact us at firstname.lastname@example.org.
Shout Services as well as Shout Sites are intended for general audiences and are not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at email@example.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.
We use commercially reasonable encryption and authentication tools to protect the security of your personal information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from a Shout Site, and you do so at your own risk. We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe. Please refer to the U.S. Federal Trade Commission’s website for information on how to protect yourself from identity theft. Should Shout experience a data breach involving your Personal Information, we will notify you of such breach (to the best of our ability based on your communication preferences).
This videotape service provider (videotape seller) from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented or purchased by video customers. The videotape service provider (videotape seller) may not include your name, address, or the description or subject matter of any material rented or purchased in these lists without your written consent. This election may be changed by you, in writing, at any time.
I do not object to the release of my name, address, or the description or subject matter of the material rented or purchased.
I consent and agree.
This video tape service provider from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented by video customers. You have the right to elect not to have your name, address or the description or subject matter of any material rented included in such lists. This election may be changed by you, in writing, at any time.
I do not object to the release of my name, address or the description or subject matter of the material rented.
I consent and agree.
This video tape service provider from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented by video customers. You have the right to elect not to have your name, address or the description or subject matter of any material rented included in such description or subject matter of any material rented included in such lists. This election may be changed by you, in writing, at any time.
I consent and agree.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its rules and procedures. The arbitration shall take place in Los Angeles, California before a single neutral arbitrator from the panel of AAA. The Rules of Evidence of the State of California, including the rules relating to hearsay, will apply to the arbitration. The arbitrator shall issue a written decision and award including the essential findings and conclusions on which the award is based. The opinion and award will decide all issues submitted and shall be final and binding to the fullest extent permitted by law and will be enforceable by any court having jurisdiction. To the extent allowed by California law, the arbitrator shall be required to follow all applicable substantive law. The arbitrator shall grant any legally meritorious motion for summary judgment presented by any party. The prevailing party shall have its arbitration fees, attorneys’ fees, expert fees, consulting fees, and all other associated and related costs paid for by the other party and the arbitrator’s opinion and order shall so state. The arbitrator shall be permitted to award those remedies, in law or equity, which are requested by the parties and which the arbitrator determines to be supported by credible and relevant evidence presented. The party who prevails in any arbitration may seek to have the arbitrator’s award confirmed as a judgment in any court of competent jurisdiction. The arbitration shall be private and confidential. As a material inducement to Shout to provide the Shout Services to you, you hereby waive, to the fullest extent permitted by law, the right to institute, prosecute or join any class action case against Shout, even if the rules of the AAA would otherwise allow for such. Accordingly, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.
Shout! Factory, LLC
1640 S. Sepulveda Blvd. Suite 400
Los Angeles, CA 90025