This privacy policy (“Policy”) describes how Kinema, Inc. and its related companies (“Company”) collect, use and share personal information of users of this website, kinema.com (the “Site”). This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.

When this Privacy Policy uses the term “Organizer” we mean creators using the Services to create (a) events for consumers using our Services to consume information about, or attend, events (“Attendees”), or (b) for any other reason, including, without limitation, use of the Company’s platform to offer transactional video on demand (“TVOD”) consumption of Organizer provided content to end users (“End Users”). Organizers, Attendees, End Users and third parties using our Services are all referred to in these Terms collectively as “Users”, “you” or “your”.

What We Collect

We may get information about you in a range of ways.

Information You Give Us. We may collect your‎ name, postal address, email address, phone number, fax number, username, password, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site.

Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site.

Information Automatically Collected. We may log information about you and your computer. For example, when visiting our Site, we may log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.

Cookies. We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

Specific Information Collected From Organizers.

If you are an Organizer, we will collect in addition to the above:

Information you provide to us: In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute personal data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number).

Information we obtain from other sources: We may also collect or receive personal data including your name, email address and other contact information from third party sources, such as third party websites and marketing partners, your bank, our payment processing partners and credit reporting agencies.

Specific Information Collected From Attendees and End Users.

If you are an Attendee or an End User, we will collect in addition to the above (sometimes for our own purposes and other times on behalf of an Organizer) the following information.

Information you provide: If you register for a paid event or purchase a TVOD offering, you will provide financial information (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute personal data. In addition, Organizers can set up event registration pages to collect virtually any information from Attendees or End Users in connection with registration for an Organizer’s event or offering listed on the Services. Kinema does not control an Organizer’s registration process nor the personal data that they collect. When you register for, or otherwise provide information to Kinema in conjunction with an Organizer event, TVOD offering or activity, whether that information is yours or a third party’s, in connection with a purchase, registration, or transfer, that Organizer will receive and may use the information you provide. Please see below, the subsection titled “How We Disclose and Transfer Your Personal Data: Organizers” for more information about an Organizer’s receipt and use of your personal data.

Information we obtain from other sources: We may also collect or receive personal data from third party sources, such as Organizers, other Attendees, other End Users, social media or other third party integrations, your credit card issuing bank, our payment processing partners or other third parties.

USE OF PERSONAL INFORMATION

We may use your personal information as follows:

We may use your personal information to operate, maintain, and improve our sites, products, and services.

We may use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.

We may use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

We may use your personal information to provide and deliver products and services customers request.

We may collect credit card information from you as payment for our products and services.

In addition, we allow Organizers to use our email tools to contact Attendees or End Users for their current and past events or TVOD offerings, so you may receive emails from our system that originate with such Organizers and that we send on their behalf. If you registered for an event or purchased a TVOD offering on the Services, your email address is available to that Organizer. However, Organizers may also import the email addresses they have from external sources and send communications through the Services to those email addresses, and we will deliver those communications to those email addresses on the Organizer’s behalf. The Organizer and not Kinema is responsible for sending these emails. See “Opt Out from Electronic Communications” below on how to opt out of Organizer-initiated communications.

Further, when you register for an event, purchase a TVOD offering, sign up for communications, or otherwise input your personal data (such as through a web form) to communicate with an Organizer or participate in an Organizer event, that Organizer will receive that information. The Organizer may then send you marketing or other communications, which may be subject to its own, separate privacy policy. Likewise, if you provide your mobile phone number, you may receive information messages related to the service, event, activity or information in which you’ve expressed interest.

When you purchase tickets to, register for or donate to an event, transfer an event ticket or registration to another person, purchase a TVOD offering, or otherwise input your personal data (such as through a web form), or otherwise communicate with an Organizer, or participate in or express interest in an Organizer or Organizer event or activity, that Organizer will receive the information you provide, including your personal data, and where a ticket or registration is transferred, the personal data of the transferee as well. Other third parties that are involved in or on whose behalf an event or activity is promoted, may receive that personal data as well.

We are not responsible for the actions of these Organizers, or third parties engaged by an Organizer, which may or may not be affiliated with the Organizer, to create an event or TVOD offering on its behalf (a “Third Party Organizer”) (or other downstream recipients of your personal data), with respect to your personal data. It is important that you review the applicable policies of the Organizers, and if applicable and available, their appointed Third Party Organizers, of an event (and the related third party web page, if applicable) before providing personal data or other information in connection with that event page.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.

We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.

We may share personal information for legal, protection, and safety purposes.

We may share information to comply with laws.

We may share information to respond to lawful requests and legal processes.

We may share information to protect the rights and property of the Company, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.

We may share information in an emergency. This includes protecting the safety of you, our employees and agents, our customers, or any person.

We may share information with those who need it to do work for us.

In the event we collect credit card information from you, this information will only be used for business purposes and will be stored in a confidential manner.

We may also share aggregated and/or anonymized data with others for their own uses.

INFORMATION CHOICES AND CHANGES

Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

Organizer-initiated Communications.

Organizers may use our email tools to send electronic communications to those on their email subscription lists, including Attendees or End Users who have registered for their events or offerings on the Services in the past. Although these electronic communications are sent through our system, Kinema does not determine the content or the recipients of these electronic communications. Organizers are required to use our email tools only in accordance with all applicable laws. Kinema provides an “Unsubscribe” link on each of these emails, which allows recipients to “opt out” of electronic communications from the particular Organizer.

Transactional or Responsive Communications.

Certain electronic communications from Kinema are responsive to your requests, such as emails containing your ticket or registration on behalf of an Organizer when you purchase such ticket or registration. Notwithstanding any unsubscribe election that you have made, you will still receive these transactional or responsive emails.

Retention.

It may take up to forty-eight (48) hours for us to process an unsubscribe request. Even after you opt out of all electronic communications, we will retain your Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, Organizers who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies, but they may not use our system to do so.

You are able to remove and reject cookies from our Site with most browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

USERS IN THE EUROPEAN ECONOMIC AREA (“EEA”)

The Company’s processing of personal data of people who are in the EEA is governed by the European Union’s General Data Protection Regulation (the “GDPR”). The GDPR requires us to provide certain information to you about your personal data, which we refer to in this notice as your personal information.

Data Controller.

The Company is data controller for this Site, and our contact information is below.

Purposes of the processing.

This Policy describes the personal information that we collect, use, share, or otherwise process personal information and the purposes for that processing. Personal information gathered through cookies and similar tracking technologies is used for the purposes described in this Policy and any separate cookies policies posted or available on the Site.

Lawful basis for the processing.

Generally, we process personal information provided by visitors to our Site or other interactions with us on the basis of our legitimate interests in conducting our business. Where we ask for your consent, we process personal information on the basis of that consent. We may also process personal information on other bases permitted by the GDPR and applicable laws, such as when the processing is necessary for us to comply with our legal obligations.

Categories of personal information.

The categories of personal information that we process are described in this Policy.

Recipients of your personal information.

We use various service providers to manage our Site and provide services such as event registration or managing e-mail communications. Our service providers change from time to time. Note that our service providers have entered into contracts with us that restrict what they can do with your personal information. If you would like specific information about our service providers who have received your information, please contact us at the contact information below, and we will provide that information to you. We may also disclose your personal information to other categories of third parties as described in this Policy.

Information regarding the transfers of personal data outside of the European Economic Area (EEA).

The Company’s main administrative offices are based in the United States, where we process personal information collected through our Site. The United States does not have an adequacy decision from the European Commission, which means that the Commission has not determined that the laws of the United States provide adequate protection for personal information. Although the laws of the United States do not provide legal protection that is equivalent to EU data protection laws, we safeguard your personal information by treating it in accordance with this Policy. We take appropriate steps to protect your privacy and implement reasonable security measures to protect your personal information in storage. We use secure transmission methods to collect personal data through our Site. We also enter into contracts with our data processors that require them to treat personal information in a manner that is consistent with this Policy.

Retention period for personal information.

We retain your personal information as described in this Policy.

Your data subject access rights.

You have the right to request access to your personal data, to have your personal data corrected, restricted or deleted, to withdraw any consent that you have given to the processing of your personal data (without affecting the lawfulness of the processing prior to your withdrawal of consent) and to object to our processing of your personal data. You also have the right of data portability in certain circumstances, which means that you can request that we provide you (or a third party you designate) with a transferable copy of personal information that you have provided to us. Your rights may be subject to various limitations under the GDPR. If you wish to exercise any of these rights, or if you have any concerns about our processing of your personal data, please contact us at the Contact Information in this Policy.

The right to lodge a complaint with a supervisory authority.

You have the right to file a complaint concerning our processing of your personal data with your national (or in some countries, regional) data protection authority. The EU Commission has a list here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. The data protection authority for the United Kingdom is the Information Commissioner’s Office (www.ico.org.uk). The federal data protection authority for Switzerland is the Federal Data Protection and Information Commissioner: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/task.html.

Absence of statutory or contractual requirement or other obligation to provide any personal data.

Users of our Site are under no statutory or contractual requirement or other obligation to provide personal information to us, but it will not be possible to receive communications from us or register for our events without doing so.

CONTACT INFORMATION. We welcome your comments or questions about this privacy policy. You may also contact us at our address:

Kinema, Inc.
225 Liberty Street, 29 FL
New York, NY 10281
Email: hello@kinema.com

CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Last Updated date above.