Privacy Notice and Disclosure for California Residents

Privacy Notice and Disclosure for California Residents

Effective January 1, 2020
Last Revised on: January 1, 2020
Last Reviewed on: January 1, 2020

IMAGICOMM ENTERTAINMENT, LLC and, its subsidiaries and affiliated companies (collectively “we” or “Company”) respect your privacy and are committed to providing a transparent notice of our Privacy Notice and Disclosure for California Residents. This Privacy Notice and Disclosure for California Residents applies solely to those who reside in the State of California (“consumers” or “you”).

The purpose of this privacy notice and disclosure is to inform California residents, at or before the time of collection of personal information and to inform you as part of our privacy policies:

  • Your “Right to Know” about personal information collected, used, and disclosed including:
    • What categories of personal information we collect from you and the purpose for its collection,
    • How we use those categories personal information,
    • How we share the personal information you entrust to us,
  • What we Sell and Right to Opt-Out
  • Your “Right to Delete” personal information
  • How to submit a Verified Consumer Request for your Right to Know or Right to Delete
  • How to use an authorized agent to submit a Verified Consumer Request
  • Your “Right to Non-Discrimination” for the exercise of a privacy right
  • Other California privacy rights
  • Changes to our privacy notice
  • Our contact information

Your Right to Know

You have the right to request that we disclose what personal information we collect, use, disclose, and sell. You can do this through a Verified Consumer Request. That process is described below in the section, Submitting a Verified Consumer Request.

We collect personal information, which means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). The following table includes disclosures of the personal information we collect from consumers and the purposes for which it is used, as well as lists of categories of consumers’ personal information we have collected about consumers in the past 12 months, the categories of sources from which it was collected and categories of third parties with whom we share the personal information.

What personal information do we collect, use and share currently and in the last 12 months?

  1. Personal Identifiers:For example, a real name, alias, postal address, zip code, Internet Protocol address, email address, phone numbers, or other similar identifiers

What is the purpose for how it is used?

  • To send communications and marketing related to our services.
  • Prize fulfillment
  • As required by law or permitted by a Promotion’s official rules, such as on a winners list.
  • To provide you information and materials related to goods and services (including programming) we believe you may have an interest.
  • For gathering information related to our audience’s viewing preferences and dislikes.
  • To identify platforms and geographical regions from which our viewers access our services.
  • To share the personal information with service providers to carry out other business purposes on our behalf.
  • To fulfill or meet the reason for which the information is provided.

What are the categories of sources from which the personal information was collected?

  • Information from you that you actively provide:  We collect this information from sources including from online forms, social media communications, e-mail, and via telephone.
  • Information from you that you provide passively from your use of your sites and services: We collect this information from sources including from cookies and site data.
  • Third Parties (information we collect about you from third party sources): We collect this from sources including marketing and ad tech.

This category of personal information has been disclosed in the preceding 12 months to the following third parties for a business purpose:

  • Cloud storage providers
  • Web analytics providers
  • Web hosting service providers
  • E-mail distribution service providers
  • Cybersecurity service providers
  • Logistics and planning tool providers
  • Businesses with which we engage in co-branded offerings or other transactions
  • Social media networks
  • Advertisers and third-party advertising networks

 

  1. Your Internet or Other Similar Network Activity:For example, browsing behavior and history, including information regarding a consumer’s interaction with our Internet Web site, applications, or advertisements

What is the purpose for how it is used?

  • To provide you information and materials related to goods and services (including programming) we believe you may have an interest.
  • In order to serve you personalized advertising based on your interests and activities on the Site.
  • For gathering information related to our audience’s viewing preferences and dislikes.
  • For auditing relating to consumer transactions including ad impressions and compliance with regulations.
  • Short-term data use for the current interaction that is not used to build a profile.
  • To share the personal information with service providers to carry out other business purposes on our behalf.

What are the categories of sources from which the personal information was collected?

  • Information from you that you provide passively from your use of your sites and services: We collect this information from sources including from cookies and site data.
  • Third Parties (information we collect about you from third party sources): We collect this from sources including marketing and ad tech.

This category of personal information has been disclosed in the preceding 12 months to the following third parties for a business purpose:

  • Information from you that you provide passively from your use of your sites and services: We collect this information from sources including from cookies and site data.
  • Third Parties (information we collect about you from third party sources): We collect this from sources including marketing and ad tech.
  • Cloud storage providers
  • Web analytics providers
  • Web hosting service providers
  • E-mail distribution service providers
  • Cybersecurity service providers
  • Logistics and planning tool providers
  • Businesses with which we engage in co-branded offerings or other transactions
  • Social media networks
  • Advertisers and third-party advertising networks

Please note that Personal Information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (CalFIPA), and the Driver’s Privacy Protection Act of 1994.

We will not collect additional categories of personal information or use the personal information for any other undisclosed purpose without providing you notice.

What we Sell and Right to Opt-Out

We do not sell your personal information, so no opt-out or opt-in choices apply.

Your Right to Request Deletion of Your Personal Information

You have the right to request that we delete your personal information collected or maintained by us, subject to certain exceptions. You can do this through a Verified Consumer Request. That process is described below in the section, “Submitting a Verified Consumer Request.”

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Submitting a Verified Consumer Request

You have the right to submit verified consumer requests to know information or for deletion.

The request to know can be for any or all of the following about you:

  1. Specific pieces of personal information that Imagicomm has;
  2. Categories of personal information Imagicomm has collected;
  3. Categories of sources from which the personal information is collected;
  4. Categories of personal information that Imagicom sold or disclosed for a business purpose;
  5. Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
  6. The business or commercial purpose for collecting or selling personal information.

The request to delete is to delete any of your personal information collected or maintained by Imagicomm, subject to certain exceptions.

You may only make a verifiable consumer request to know information twice within a 12-month period.  We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

You can submit requests using the webform or by calling 1-866-467-8688, Service Code 257.  Your request will be verified using information you provide as described on the webform. If you call 1-866-467-8688, Service Code 257, you will be asked to provide the same information requested on the webform for verification purposes.

Once we receive your verifiable consumer request, we will send you an acknowledgement communication within 10 days which will describe our verification process. We will respond to your request within 45 days, if we are able to verify your identity. Requests for deletion will require a separate confirmation that you want your information deleted.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Using an Authorized Agent to Submit a Request

Only you, a person registered with the California Secretary of State, or a person you authorize to act on your behalf, may make a Verifiable Consumer Request related to your personal information.  If you use an authorized agent, the agent should provide a power of attorney executed pursuant to California Probate Code sections 4000 to 4465 and the required documentation to verify his/her identity.  If the authorized agent cannot provide a scanned or printed copy of a duly authorized Power of Attorney to act on your behalf, you must provide a written consent before we can fulfil the authorized agent’s request.  For questions regarding submissions by an authorized agent contact us at [insert link for privacy email].

Your Right to Non-Discrimination for the Exercise of a Privacy Right

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [insert link for privacy email] or write us at Privacy Agent, Imagicomm Entertainment, LLC, 3000 WorldReach Drive, Indian Land SC 29707.

We do not respond to Web browser “do not track” signals or other mechanisms.  Other parties may collect personally identifiable information about your activities over time and across different Web sites when a consumer uses our Web site or service.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact for More Information

If you have any questions or comments about this notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: [provide Imagicomm privacy email]

Postal Address:

Imagicomm Entertainment, LLC
3000 WorldReach Drive
Indian Land, SC 29707
Attn: Privacy Agent